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2025 DAILYLAW 27355 (JHR)

REGISTRAR JHARKHAND CONSUMER DISPUTES REDRESSAL COMMISSION v. MS BRILLIANT TUTORIALS PVT LTD THROUGH ITS MANAGING DIRECTOR

WPC/5598/2018 · 2025-08-20

Rajesh Shankar

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:JHHC:24399-DB 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(PIL) No. 5598 of 2018 Registrar, Jharkhand Consumer Disputes Redressal Commission, Ranchi … …. Petitioner Versus M/s. Brilliant Tutorials Pvt. Ltd., through its Managing Director … … Respondents ----- CORAM: HON’BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE RAJESH SHANKAR Amicus Curiae : Mr. Sumeet Gadodia, Advocate ----- Order No. 19 Dated: 20.08.2025 This Court, on the basis of a letter written by the Registrar, Jharkhand Consumer Disputes Redressal Commission, Ranchi to the Registrar General of this Court, took cognizance of such communication. The issue raised in the communication was relating to non-implementation of the orders of the Consumer Forums outside the State. 2. It needs to be noticed that at the time when the complaint was received and treated as a ‘Public Interest Litigation’, it was the Consumer Protection Act, 1986 that had been occupying the field and did not actually contain sufficient provision for ensuring the compliance of the orders passed by the Consumer Forums, specially outside the State. However, during the pendency of this petition, the provisions of the Consumer Protection Act, 1986 have been repealed and the Consumer Protection Act, 2019 has been enacted which gives sufficient powers to the Consumer Forums to implement their orders. 3. Section 72 of the Consumer Protection Act, 2019 is one such provision, which provides for penalty for non-compliance of the 2025:JHHC:24399-DB 2 order, which reads as under: “72. Penalty for Non-compliance of order –(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 (2 of 1974). (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.” 4. Since the Consumer Forums now have been given authority to implement their own orders, the instant writ petition has been rendered infructuous and is disposed of accordingly. 5. The Court places on record its appreciation for the assistance rendered by the learned Amicus Mr. Sumeet Gadodia, Advocate. (Tarlok Singh Chauhan, C.J.) Manish/Ritesh (Rajesh Shankar, J.)