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Civil · Reportable judgment

H. K. Singla vs Avtar Singh Saini & Ors.

Court
Supreme Court of India
Date
14 December 2018
Case No.
Civil Appeal No. 11969 of 2018
Result
Disposed
Bench
Uday Umesh Lalit, R. Subhash Reddy
Citation
[2018] 14 S.C.R. 1223 : 2018 INSC 1209
Supreme Court Reports [2018] 14 S.C.R. 1223 : 2018 INSC 1209
Headnote

Consumer Protection Act, 1986: s. 27 – Penalties – On facts, allegation of the complainant that he had deposited the money with the Employees Co-operative USE Thrift and Credit Society and Society did not repay the amount with interest, as assured – Application u/s. 27 by the complainant against the appellantSecretary of the society – District Forum passed an order of imprisonment against the appellant – In appeal, the State Commission passed an interim order staying the operation of the order of the District Forum, subject to the appellant depositing the entire amount – Said order upheld by the National Commission – On appeal, held: No order was passed against the appellant by the District Forum in its individual capacity – Appellant was shown as Secretary of the Society during the relevant period – Prima facie, for the default committed by the society, and in absence of any personal liability imposed on the appellant, no order for imprisonment u/s. 27 of the Act could be ordered against the appellant – On filing these appeals, interim order granting stay of arrest was passed and the said order continued from time to time – Thus, the order of the District Forum to the extent of imprisonment of the appellant, during the pendency of the appeal preferred by the society before the State Commission, is suspended – State Commission to consider the plea whether the appellant can be imprisoned or not in absence of any order by the District Forum imposing personal liability on the appellant.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Judgment of the Court was delivered by R. SUBHASH REDDY, J. 1. These appeals are filed by the appellants, aggrieved by the order dated 08.11.2012 passed in First Appeal Nos.652/12; 653/12; 654656/12; 657/12 by the National Consumer Disputes Redressal Commission, New Delhi. For the sake convenience and brevity, the facts of the appeal preferred against Appeal No.657/12 are being referred to. The said appeal is preferred against the order passed by the State Commission by way of interim order pending the appeal. These appeals were filed in the year 2013. At first instance, this Court has p
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