Summary
A cooperative society’s secretary challenged conditional interim relief in his pending appeal against punishment for non-compliance with a consumer order against the society. The Supreme Court questioned, without finally deciding, his personal liability where no payment order had been made against him personally. It suspended the imprisonment pending the State Commission’s decision and preserved lawful recovery against the society in liquidation.
Issues
- Whether imprisonment of the society’s secretary should remain operative while his appeal concerning personal liability was pending.
Provisions considered
- Section 27(1), Consumer Protection Act, 1986The punishment for failure to comply with a consumer order raised a question of the secretary’s personal liability when the payment direction was against the society; that question remained for the pending appeal. (¶¶ 3, 9, 10)
Held
- The payment order had been passed against the society. No order imposing personal payment liability on its secretary had been identified, giving rise to a prima facie doubt about imprisoning him for the society’s default. The Court expressly refrained from a definite finding because his appeal was pending. (¶ 9)
- The District Forum’s sentence of imprisonment was suspended pending disposal of the appeal. The State Commission was to consider personal liability and decide the longstanding appeal expeditiously. (¶ 10)
- The complainant remained free to pursue lawful recovery of the amount due from the society in liquidation. (¶ 11)
Result
Appeals disposed of without costs. Imprisonment suspended pending the State Commission appeal; no final determination of the secretary’s personal liability or bar on lawful recovery against the society.