AIR 2010 BOMBAY 139 ::2010 (4) AIR Bom R 385 ::(2010) 5 AllMR 238 (BOM) ::2010 (6) Bom CR 241 ::2010 (4) Mah LJ 472

Bombay High Court

Hon'ble Judge(s): Ferdino I. Rebello, J. H. Bhatia , JJ

(A) Consumer Protection Act (68 of 1986) , S.25, S.27— (as amended by Act 62 of 2002) - Interim order - Enforcement - S.27 providing for penal consequences for breach of any order passed under Act - Expression "any order" u/S.27 includes within its sweep not only final orders but all orders including interim orders. In matters pertaining to consumer protection the law must be interpreted in favour of consumer. Section 27 only provides what Order 39, Rule 2A provides under the C.P.C., with a provision for imprisonment if ultimately the offence is proved. No doubt the sentence of imprisonment may be harsh, but that the respondent must suffer for failure to comply with the orders. Once an interim order is passed it must be obeyed. When a party is given notice of the proceeding for hearing of the application for interim relief and the concerned forum passed an order disposing of those proceedings after hearing both parties or ex parte, if the Respondent had notice of the hearing and did not participate that part of the proceedings stands disposed of. Thus the expression interim order would be the final disposal of the interim proceedings before the forum. It is now settled law that interim orders once passed unless there be subsequent events cannot be varied during the pendency of the complaint or the main proceedings. To that extent there is any ....