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Judgment
THE appeal is directed against the order of the District Consumer Disputes Redressal Forum, Madras dated 4.1.94 in C.M.P, 88/93 in E.P. 140/93 in O.P. 569/93. THE opposite party is the appellant.
IN O.P. 569/93, the District Forum, Madras has passed an ex-parte order directing the opposite party to pay sum of Rs. 7,000/- with interest at 18% p.a. and costs of Rs. 300/-. For non-payment of the said amount the complainant has filed E.P. 140/93 and an application is filed for arrest in C.M.P. 88/93. The District Forum allowed both E.P. and C.M.P. and imposed upon the opposite party a sentence of simple imprisonment for a period of 6 months under Sec. 27 of the Consumer Protection Act. A warrant was also issued. It is against this order the opposite party has filed this appeal. When the appeal was taken up for hearing, in the presence of the Counsel for the appellant as well as the respondent, the learned Counsel for the appellant paid the entire amount with interest and costs totaling Rs. 10,300/- and the Counsel for the respondent has received the same and made amendment in the memorandum of appeal. The penal provisions of Sec. 27 of the Code of Consumer Protection Act is intended only to quash the recalcitrant party to comply with the order and now that the opposite party has complied with the order in to to we find no ground to sustain the order of imprisonment.
In the result, the appeal is allowed, the order of imprisonment is set aside and the warrant is recalled. No costs. Appeal allowed.