The Calcutta High Court clarified that consumer forums cannot issue arrest warrants. They can only order civil detention under CPC rules.
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Kolkata: The Calcutta High Court said that a Consumer Forum does not have the power to issue a warrant of arrest during execution of its orders. Instead, it can only direct civil detention, that too under the rules of the Code of Civil Procedure (CPC).
The decision was made by Justice Suvra Ghosh, who gave this ruling while hearing a case against an order by the District Consumer Disputes Redressal Forum.
In that case, the forum had issued an arrest warrant against a person who had not followed its previous order.
Details of the Case
This legal matter started from a loan agreement made in 2013 between a finance company and a loanee (borrower). The loan was taken to buy a tractor. Later, the borrower failed to repay an amount of Rs 25,716, after which the finance company took back possession of the tractor.
In response, the borrower filed a complaint at the Consumer Forum under the Consumer Protection Act. The borrower asked the forum to order the finance company to give back the registration certificate of the tractor and return the vehicle.
After hearing the case, the forum ruled that the finance company should hand over the registration certificate after receiving the pending payment of Rs 25,716 from the borrower.
However, when the order was not followed properly, the private party (opposite side) filed an execution case to enforce the forum’s order. On 13th December 2019, the Consumer Forum issued a warrant of arrest against the person.
What the High Court Said
Justice Suvra Ghosh reviewed the matter and said that under the Consumer Protection Act, a consumer forum cannot issue a warrant of arrest using the Criminal Procedure Code (CrPC).
The judge quashed (cancelled) the arrest warrant, saying that it was beyond the legal power given to the forum.
She added that if someone is not following the consumer forum’s order, the proper legal action is to apply for civil detention, and that too under the Code of Civil Procedure (CPC) — not criminal arrest.
Justice Ghosh also referred to a 2022 judgment from another bench of the Calcutta High Court which said the same thing: Consumer Commissions or Forums do not have the right to issue arrest warrants under criminal laws.
They can only act as per civil laws for enforcement.
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