Calcutta HC rules consumer forum cannot issue arrest warrants in execution cases

The Calcutta High Court delivered a significant ruling, stating that consumer forums do not have the authority to issue arrest warrants during execution proceedings. Justice Shubhra Ghosh, while hearing a petition challenging the arrest warrant issued by a District Consumer Disputes Redressal Forum, clarified that while these forums can order civil jail detention, the power to issue arrest warrants falls outside their jurisdiction as defined under the Criminal Procedure Code.

The case involved a 2013 loan agreement where a financial company provided ₹25,716 to a borrower for purchasing a tractor. When the borrower failed to repay the amount, the company seized the tractor. In response, the borrower filed a complaint with the consumer forum, demanding the return of the tractor's registration certificate. The forum ruled in favor of the borrower, directing the company to return the certificate after receiving the payment. However, when the company initiated execution proceedings, the forum issued an arrest warrant in December 2019, prompting legal action.

Justice Ghosh’s judgment emphasized that consumer forums, under the Consumer Protection Act, are not empowered to issue arrest warrants in such matters. This ruling reaffirms that the only action the forum can take in execution proceedings is the detention of an individual in civil jail, as clarified in a 2022 High Court ruling. The decision limits the scope of powers granted to consumer forums, ensuring that their functions remain confined to resolving civil disputes and enforcing related remedies.