Consumer Protection Act provision stayed by K'taka HC

Bangalore, Jan 10 (UNI) The Karnataka High Court today stayed the operation of Section 27(2) and (3) of the Consumer Protection Act and all further proceedings in the execution pending before the District Consumer Forum against the petitioner, Manipal Finance Corporation Ltd.

Mr Justice S A Nazeer also directed issuance of notices to the State Government on the writ petition.

The petitioner contended that the impugned provisions of the Consumer Protection Act were unconstitutional and void and there was no procedure prescribed to the Forum to take away the personal liberty guaranteed under the Constitution. Besides, there was no conferment of power to the Forum as proposed under the said provision. The summary trial envisaged under the provision was contrary to the Code of Criminal Procedure with regard to maximum fine and imprisonment, it submitted.

The District Consumer Forum had ordered issue of arrest warrant against the petitioner, invoking the impugned amended Sec 27 of the Consumer Protection Act.

UNI