The arrest process in consumer court execution involves filing an Execution Petition with the same court that passed the order, requesting enforcement, and while property attachment is common, arrest (detention in civil prison for up to 3 years) is a serious step for willful disobedience, often after other methods fail, under the Consumer Protection Act 2019 (Sections 71, 72). The court acts like a civil court, issuing warrants, and can also recover money as arrears of land revenue, with the process focusing on ensuring the decree is followed through various punitive measures for non-compliance, including fines or imprisonment. [1, 2, 3, 4]

Steps for Execution & Arrest

  1. File an Execution Petition: Submit a formal application to the consumer forum (District, State, or National Commission) that issued the original order, attaching a certified copy of the order and detailing the non-compliance.
  2. Specify Mode of Execution: In the petition, request modes like attachment of property, salary, or bank accounts, or request the arrest and detention of the opposite party (judgment debtor).
  3. Show Willful Disobedience: For arrest to be considered, you must demonstrate the opposite party deliberately and willfully disobeyed the order, often after other methods (like property attachment) have failed or were insufficient.
  4. Court Proceedings: The court holds hearings, examines evidence of non-compliance, and may issue warrants, similar to a civil court, for the arrest and detention of the defaulter.
  5. Penal Consequences: Non-compliance can also attract penalties under Section 72, including fines and imprisonment, under contempt of court principles.
  6. Payment & Release: If arrested for a money decree, the person is released immediately upon paying the decretal amount and costs to the arresting officer. [1, 3, 4, 5, 6, 7, 8, 9]

Key Legal Provisions

  • Section 71 (Consumer Protection Act, 2019): Allows consumer orders to be enforced like civil court decrees.
  • Section 72 (Consumer Protection Act, 2019): Prescribes penalties (fine/imprisonment) for non-compliance.
  • Civil Procedure Code (CPC): Powers for arrest and detention in civil prison are derived from CPC, used when other methods fail. [1, 3, 6, 10]

Important Considerations

  • Arrest is usually a last resort for severe, intentional defiance, not the first step for monetary recovery.
  • The court has the power to direct recovery as arrears of land revenue (via the District Collector) as an effective alternative.
  • The Consumer Protection Act 2019 empowers consumer commissions to function like judicial magistrates, enabling them to issue arrest warrants. [1, 4, 10]

AI responses may include mistakes.

[1] https://www.lawyersclubindia.com/articles/modes-of-execution-of-consumer-court-decree-in-india-17902.asp

[2] https://onlinelegalquery.com/blog/modes-of-execution-of-consumer-court-decree-in-india

[3] https://sheokandlegal.com/articles/after-a-consumer-court-order-is-passed/

[4] https://www.scconline.com/blog/post/2024/10/09/consumer-commissions-has-power-to-act-as-jm-includes-power-to-issue-arrest-warrants-dhc/

[5] https://www.linkedin.com/pulse/modes-execution-consumer-court-decree-india-kishan-dutt-kalaskar-5hutc

[6] https://e-jagriti.com/how-to-file-an-execution-application/

[7] https://www.soolegal.com/roar/modes-of-execution-of-consumer-court-decree-in-india-3

[8] https://lawrato.com/consumer-court-legal-advice/how-to-file-suit-for-execution-of-an-order-by-consumer-court-100495

[9] https://cdnbbsr.s3waas.gov.in/s3ec030655f117444fc1911ab9c6f6b013/uploads/2024/06/2024062630.pdf

[10] https://www.scconline.com/blog/post/2023/03/04/the-use-of-arrest-in-civil-execution-proceedings-a-last-resort-in-exceptional-cases/