Consumer Forums Can’t Issue Arrest Warrants Under CrPC: Calcutta High Court Quashes Arrest in Execution of Forum Order

“Execution Must Follow Civil Procedure — Criminal Arrest Powers Don’t Apply Here,” - In a significant judgment that clarifies the limits of enforcement powers under the Consumer Protection framework, the Calcutta High Court on April 2, 2025, held that Consumer Forums cannot issue arrest warrants under the CrPC for execution of their orders. The Court quashed an arrest order passed by the District Consumer Disputes Redressal Forum in a long-running vehicle finance dispute, calling it “dehors the provisions of the Act.”

Justice Suvra Ghosh, allowing CRR 1499 of 2024, ruled that any execution of a consumer forum order must proceed under the Code of Civil Procedure (Order XXI) and that Section 71 and 72 of the Consumer Protection Act, 1986 alone govern the remedies available to decree holders.

“Warrant of arrest can be executed by the executing court to compel the attendance of the judgment debtor — but only in accordance with Order XXI of the CPC, not CrPC.”

“Petitioner Was Never a Party — Forum Cannot Use Police Power Without Due Process,” Court Slams Procedural Irregularity

The case arose from an execution proceeding (E.A. No. 41 of 2018) arising out of a consumer complaint (C.C. No. 80 of 2016) involving the sale and finance of a tractor. The private respondent had entered into an agreement to buy a tractor from Abdul Manim Mollah, the petitioner, but defaulted on instalments, following which L&T Finance repossessed and sold the vehicle.

Despite this, the buyer approached the Consumer Forum seeking release of the vehicle and registration certificate. The complaint was filed against the branch manager of S&S Automobiles, but the warrant of arrest was later issued against the petitioner, who claimed he was not even a party to the complaint.

“The petitioner was not impleaded as a party in the consumer case or execution case… He became aware of the proceedings only after warrant of arrest was issued against him.”

“Execution Under CPC Is the Only Method — Consumer Forums Cannot Use CrPC Powers to Arrest Defaulters”

The Court clarified that under Section 71 of the Consumer Protection Act, any order passed by the Consumer Forum is executable “as if it were a decree of a civil court”, invoking Order XXI CPC.

“An order granting specific performance of an agreement is executable under the provisions of Order XXI… by putting the judgment debtor in civil prison or attaching and selling his property.”

The Court drew a sharp distinction: while civil arrest (for non-compliance of a money decree) is permitted under the CPC, criminal arrest under CrPC cannot be invoked for enforcing consumer forum orders unless there's a separate criminal offence.

“The Forum is not empowered to issue warrants under the CrPC… Section 72 allows penalty proceedings for non-compliance, but that too must be initiated under proper legal procedure.”

“Consumer Forums Must Stay Within Their Statutory Role — Enforcement Is Civil, Not Penal”

The Court also referred to an earlier judgment dated 12 August 2022 (CRR 2955 of 2022), where a Coordinate Bench had held that warrants in execution must follow CPC and cannot be issued mechanically.

“This is not a case of initiating a criminal prosecution — it is purely an execution proceeding. Warrant of arrest in such cases must comply with CPC norms.”

Finding the District Forum’s arrest warrant order dated 13 December 2019 and subsequent directions to be beyond jurisdiction, the Court quashed them entirely.

“The orders impugned dated 13th December, 2019 and consequent directions are dehors the provision laid down in the Act — and are accordingly quashed.”

Accordingly, the criminal revision application (CRR 1499 of 2024) was allowed, and the arrest warrant issued by the District Consumer Forum stands quashed.

Date of decision : April 2, 2025