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?

Asked on 4/14/09, 2:45 am

4 Answers from Attorneys

Sunil Goel S.G. SOLICITORS

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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.

Answered on 4/14/09, 7:54 am

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Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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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.

Answered on 4/15/09, 2:26 pm

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Fahri Toga TOGA//OKSUZ

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Re: Consumer Protection Act

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Answered on 4/16/09, 9:21 am

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