Synopsis on application under Section 72 of the Consumer Protection Act 2019

 

Before the Hon’ble State Consumer Disputes Redressal Commission, West Bengal

Khadya Bhawan, 11A, Mirza Ghalib Street,

Kolkata – 700 087.

 

I.A. No. ________of 2026

IN

Execution Application No. 16 of 2026

(Arising out of Consumer Case No. SC/19/CC/263/2020)

 

Shri Sanjib Das … Decree Holder / Applicant

Versus

M/s. Riverbank Developers Private Limited & Anr. … Judgment Debtors / Opposite Parties

 

SYNOPSIS

The present application has been filed by the Decree Holder/Consumer Complainant under Section 72 of the Consumer Protection Act, 2019, invoking the penal jurisdiction of this Hon'ble State Consumer Disputes Redressal Commission against the Judgment Debtors/Opposite Parties for their deliberate, wilful, intentional and continuous non-compliance of the Final Order/Judgment dated 11.06.2025, as subsequently corrected by Order No. 17 dated 09.10.2025, passed by this Hon'ble Commission in Consumer Complaint No. SC/19/CC/263/2020.

The Consumer Complaint was finally allowed by this Hon'ble Commission after due adjudication on merits, whereby the Opposite Parties/Judgment Debtors were directed, jointly and severally, to refund the amount received from the Consumer Complainant together with compensation for mental agony, litigation costs and other consequential benefits within the time stipulated in the judgment. Subsequently, certain clerical and typographical errors occurring in the operative portion of the judgment were corrected by this Hon'ble Commission by Order No. 17 dated 09.10.2025, without altering the substantive rights and liabilities of the parties. Consequently, the decree attained finality and became fully executable and binding upon the Judgment Debtors.

Despite having complete knowledge of the Final Order/Judgment and despite the expiry of the statutory period granted for compliance, the Judgment Debtors have neither preferred any appeal nor obtained any order of stay from any superior judicial forum. They have also failed and neglected to comply with the directions contained in the Final Order/Judgment. Even after service of legal notice calling upon them to honour the decree, the Judgment Debtors deliberately chose not to make payment of the decretal amount or otherwise comply with the lawful directions of this Hon'ble Commission. Their conduct unmistakably establishes conscious, intentional and contumacious disobedience of a binding judicial determination.

The Decree Holder further submits that although the decree is executable under Section 71 of the Consumer Protection Act, 2019, he has no knowledge of the movable or immovable assets, bank accounts or other attachable properties of the Judgment Debtors, and therefore is unable to seek effective attachment of their properties in execution. Furthermore, the Decree Holder, having already suffered substantial financial loss due to the acts of the Judgment Debtors, is not financially capable of bearing the expenses incidental to proceedings for civil imprisonment under the execution mechanism. In these compelling circumstances, the Decree Holder has been left with no practical or efficacious statutory remedy except to invoke the penal provisions contained in Section 72 of the Consumer Protection Act, 2019.

The present application is therefore founded upon the deliberate and continuing failure of the Judgment Debtors to obey the lawful order of this Hon'ble Commission. Such conduct constitutes a statutory offence punishable under Section 72 of the Consumer Protection Act, 2019, which provides for imprisonment, fine or both in cases of wilful failure or omission to comply with the orders of the Consumer Commissions. The continued disobedience by the Judgment Debtors not only deprives the Decree Holder of the fruits of the decree lawfully obtained after due adjudication but also strikes at the authority, dignity and effectiveness of the Consumer Protection Act, 2019 and the adjudicatory mechanism established thereunder.

The Decree Holder, being a law-abiding citizen and having exhausted every reasonable opportunity for securing voluntary compliance, has been constrained to approach this Hon'ble Commission seeking initiation of penal proceedings under Section 72 of the Consumer Protection Act, 2019 against the Judgment Debtors and the persons responsible for the conduct of their affairs. The Decree Holder prays that this Hon'ble Commission may be pleased to take cognizance of the offence arising from the deliberate non-compliance of its Final Order/Judgment, proceed against the persons responsible in accordance with law, and upon proof of the offence, impose the punishment prescribed under Section 72 of the Consumer Protection Act, 2019 so that the sanctity of judicial orders is preserved, the confidence of consumers in the justice delivery system is maintained and the legislative intent underlying the Consumer Protection Act, 2019 is effectively fulfilled.

The present application has been filed bona fide, in the interest of justice, equity and good conscience, and for securing due enforcement of the Final Order/Judgment passed by this Hon'ble Commission, which would otherwise be rendered ineffective, unenforceable and virtually infructuous if the continued and deliberate disobedience of the Judgment Debtors is allowed to go unchecked.