Consumer Protection Act Section 72 — Penalty for non-compliance of order

CHAPTER IV CONSUMER DISPUTER REDRESSAL COMMISSION

Civil

Summary

Sub-section (1) states that anyone who fails to comply with an order made by the District Commission, the State Commission, or the National Commission will be punished. The punishment is imprisonment for a term of at least one month, which can be extended up to three years, or a fine of at least twenty-five thousand rupees, which can be extended up to one lakh rupees, or both imprisonment and fine.

Sub-section (2) says that, despite anything in the Code of Criminal Procedure, 1973, the District Commission, the State Commission, or the National Commission will have the powers of a Judicial Magistrate of first class for trying offences under sub-section (1). Once these powers are given, the relevant Commission is considered to be a Judicial Magistrate of first class for the purposes of the Code of Criminal Procedure, 1973.

Sub-section (3) provides that, unless otherwise specified, offences under sub-section (1) will be tried summarily by the District Commission, the State Commission, or the National Commission, as the case may be.

Official Text

(1) Whoever fails to comply with any order made by the District Commission or the State Commission or the National Commission, as the case may be, shall be punishable with imprisonment for a term which shall not be less than one month, but which may extend to three years, or with fine, which shall not be less than twenty-five thousand rupees, but which may extend to one lakh rupees, or with both.

(2) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the District Commission, the State Commission or the National Commission, as the case may be, shall have the power of a Judicial Magistrate of first class for the trial of offences under sub-section (1), and on conferment of such powers, the District Commission or the State Commission or the National Commission, as the case may be, shall be deemed to be a Judicial Magistrate of first class for the purposes of the Code of Criminal Procedure, 1973.

(3) Save as otherwise provided, the offences under sub-section (1) shall be tried summarily by the District Commission or the State Commission or the National Commission, as the case may be.