APPLICATION UNDER SECTION 72 OF THE CONSUMER PROTECTION ACT, 2019 SEEKING INITIATION OF PENAL ACTION FOR WILLFUL NON-COMPLIANCE OF FINAL ORDER

 

District : South Kolkata

Before the Hon’ble District Consumer Disputes Redressal Commission, Kolkata Unit-III
Tramline Building (First Floor)
18, Judges’ Court Road, Alipore, Kolkata – 700027

 

Execution Case No. 06 of 2021
(Arising out of CC/396/2018)

 

 

IN THE MATTER OF ;

 

Sri Bhaskar Biswas, Son of Sri Nilratan Biswas, Residing at 87F, Kailash Ghosh Road, P.S.– Haridevpur, Kolkata–700008, District: South 24 Parganas.

… Decree Holder / Applicant

 

-Versus-

 

Sri Soumen Chakraborty, Son of Sri Ashok Chakraborty, Proprietor, M/s A.G. Construction, Office at 4/4B, Motilal Gupta Road, P.S.–Haridevpur, Kolkata–700008,
District: South 24 Parganas.

 

… Judgment Debtor / Opposite Party

 

APPLICATION UNDER SECTION 72 OF THE CONSUMER PROTECTION ACT, 2019 SEEKING INITIATION OF PENAL ACTION FOR WILLFUL NON-COMPLIANCE OF FINAL ORDER DATED 09.10.2020

 

Most respectfully the Applicant states as follows;

 

1. That the Hon’ble Commission was pleased to pass a Judgment and Final Order dated 09.10.2020 in Consumer Complaint No. CC/396/2018 directing the Judgment Debtor to pay;

 

(i)   ₹13,00,000/- (Rupees Thirteen Lakhs) along with interest @9% p.a. from 11.04.2017 till realization; and

 

(ii)  ₹10,000/- (Rupees Ten Thousand) towards litigation cost within two months.

 

2. That the said Final Order has attained finality in terms of Section 68 of the Consumer Protection Act, 2019 as no appeal has been preferred, nor has the Decree Holder received any notice of appeal.

 

3.   That during the pendency of the present execution proceedings, the Judgment Debtor voluntarily appeared before this Hon’ble Commission through filing of Vakalatnama, and further submitted an application praying for time to comply with the Final Order, thereby unequivocally acknowledging the binding nature of the decree.

 

4.   That after seeking time, the Judgment Debtor abruptly stopped appearing in the proceedings and has been deliberately avoiding the implementation of the Order and evading the authority of this Hon’ble Commission.

 

5.   That to secure his presence, this Hon’ble Commission issued Bailable Warrant, which, despite being forwarded to the jurisdictional Haridevpur Police Station, was not executed on various unjustified and misleading pretexts.

 

6.   That thereafter, this Hon’ble Commission, in exercise of its statutory coercive jurisdiction, issued a Non-Bailable Warrant (NBW), however, the same too remains unexecuted with the police reporting that the Judgment Debtor could not be found, despite the record and the Applicant’s knowledge clearly indicating that he continues to ordinarily reside and operate within the jurisdiction of Haridevpur Police Station.

 

7.   That the records of this Hon’ble Commission speak for themselves and demonstrate that due to purposeful laxity and indulgence on the part of the Judgment Debtor, coupled with failure of police machinery in executing the warrants, his appearance could not be compelled despite repeated attempts.

 

8.   That from the conduct of the Judgment Debtor, it stands conclusively established that he is intentionally, consciously and willfully refusing to comply with the Final Order dated 09.10.2020, thereby falling within the ambit of punishment under Section 72(1) of the Consumer Protection Act, 2019.

 

9. That despite having full knowledge of the binding order of this Hon’ble Commission, the Judgment Debtor has deliberately, intentionally and willfully failed to comply with the directions made therein.

 

10. That the willful disobedience of the said order amounts to gross contempt and violation of Section 72(1) of the Consumer Protection Act, 2019, which provides for penal consequences including imprisonment, fine or both for non-compliance of an order of the Consumer Commission.

 

11. That the continued non-compliance without any reasonable cause clearly demonstrates the Judgment Debtor’s deliberate attempt to frustrate the execution proceedings and deny justice to the Decree Holder.

 

12. That this Hon’ble Commission has adequate power and jurisdiction to initiate penal action against the Judgment Debtor for such non–compliance, including imprisonment for a term extending to three years or fine, or both, as contemplated under Section 72 of the Act.

 

13. That unless this Hon’ble Commission initiates proceedings under Section 72, the Judgment Debtor will continue to flout the binding orders with impunity, causing irreparable loss and harassment to the Decree Holder.

 

14. That this application is made bonafide and in the interest of justice.

 

In view of the aforesaid submissions, it is therefore prayed that this Hon’ble Commission may kindly be pleased to;

 

a) Initiate penal proceedings against the Judgment Debtor under Section 72(1) of the Consumer Protection Act, 2019 for willful non-compliance of the final order dated 09.10.2020;

 

b) Issue appropriate warrant, summon or notice to show cause as to why action under Section 72 should not be taken;

 

c) Impose appropriate punishment, including imprisonment and/or fine, as contemplated under Section 72 of the Consumer Protection Act, 2019;

 

d) And/or pass such further or other orders as this Hon’ble Commission may deem fit and proper in the interest of justice.

 

AND FOR THIS ACT OF KINDNESS, THE APPLICANT SHALL EVER PRAY.

 

 

AFFIDAVIT

 

I, Sri Bhaskar Biswas, Son of Sri Nilratan Biswas, aged about ___ years, by faith Hindu, by occupation Service, residing at premises being No. 87F, Kailash Ghosh Road, Police Station – Haridevpur, Kolkata – 700008, District – South 24 Parganas, do hereby solemnly affirm and state as follows;

 

1. That I am the Decree Holder in the above-named execution proceeding and the applicant in the accompanying Application under Section 72 of the Consumer Protection Act, 2019, and as such fully conversant with the facts and circumstances of this case.

 

2. That the Hon’ble Commission was pleased to pass a Judgment and Final Order dated 09.10.2020 in CC/396/2018 directing the Judgment Debtor to pay ₹13,00,000/- along with interest @ 9% and ₹10,000/- towards litigation expenses within a period of two months.

 

3. That despite having full knowledge of the said order, the Judgment Debtor has willfully failed, refused, and neglected to comply with the same, causing prejudice, harassment and financial loss to me.

 

4. That no stay order, modification order, or any order of suspension of the said Judgment dated 09.10.2020 has ever been communicated to me or placed before this Hon’ble Commission.

 

5. That the accompanying application invoking Section 72 of the Consumer Protection Act, 2019 is being filed for initiation of penal action against the Judgment Debtor for deliberate and willful non-compliance of the binding order of this Hon’ble Commission.
6. That the statements made in paragraphs 1 to 5 above are true to my knowledge and belief.

 

 

 

DEPONENT

Identified by me,

 

Advocate

Drafted & Prepared in my Chamber;

 

 

Advocate

Date : _________________2025

Place : Alipore Judges’ Court                                              N O T A R Y