Legal Question in Consumer Law in India
Consumer Protection Act
Consumer protection act 1986, section27(2) says �Notwithstanding anything contained in the Code of Criminal Procedure, 1973, (2 of 1974), the District Forum or the State Commission or the National Commission, as the case may be, shall have the power of a Judicial Magistrate of the first class for the trial of offences under this Act, and on such conferment of powers, the District Forum or the State Commission or the National Commission, as the case may be, on whom the powers are so conferred, shall be deemed to be a Judicial Magistrate of the first class for the purpose of the Code of Criminal Procedure, 1973 (2 of 1974)�.
1.Can an applicant pray before the forum during course of a case being heard by it to revoke its powers under this section and assume the powers of Judicial Magistrate and try the respondents for offences committed by them under IPC during the proceedings?
2. Are consumers barred from approaching any Judicial Magistrates to try respondents for offences committed during hearing of cases in consumer courts as the Consumer Forums can by itself try the offences under IPC?
4 Answers from Attorneys
Re: Consumer Protection Act
Your question contains your answer. If you read Section 27(2) carefully, it gives power of Judicial Magistrate 1st Class to the Consumer Forum only for the "trial of offences under this Act", that means, trial of offences under Consumer Act. The offences committed, if any, other than under Consumer Act, for example under IPC, are triable exclusively by regular ciminal courts of Judicial Magistrates. Thus, Applicant before consumer forum can not pray the forum to invoke powers of Judicial Magistrate to try/punish the respondents for committing offences under IPC even if these are committed during the proceedings as this would turn the consumer court procedings into criminal court proceedings in each and every case. For this, the applicant would have to approach the concerned Judicial Magistrate.
Re: Consumer Protection Act
The consumer courts may exercise powers of Judicial Magistrate for dealing with the offences under the Consumer Protection Act and not for offences under IPC.
Re: Consumer Protection Act
We think that we can help you to solve your affairs forthwith, please send us your documents or write an detailed e-mail in order to notify the circumstance. We checked over the documents thereafter, we will return your added phone number,e-mail or address,as soon as.
Contact ;
Address : WORLD TRADE CENTER,B1 BLOCK,15th FLOOR, YEŞİLK�Y/İSTANBUL,TURKEY
Phone : +90 212 465 65 42
Fax : +90 212 465 70 08
Web : www.wlfenternasyonel.com
e-mail : [email protected]
Re: Consumer Protection Act
contact a consumer court lawyer
Related Questions & Answers
-
Citi Bank claming RS 42K against my Credit Card against non purchases I am citi bank... Asked 4/13/09, 2:16 am in India Consumer Law
-
Stilt Parking rights to Leave & Licencee If i own a flat and a parking, both are... Asked 4/13/09, 1:47 am in India Consumer Law
-
Repudiation of insurance claim What action can be taken against an insurance company... Asked 4/07/09, 1:48 pm in India Consumer Law
-
Section 138 when Consumer Case is Pending I subscribed to Times Jobs the 3 year... Asked 3/28/09, 4:13 pm in India Consumer Law
-
Physical possesion I have taken aproperty in sarafesi act from tamilnad mercantile... Asked 3/19/09, 8:37 am in India Consumer Law
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
