(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.
(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.
Legal Commentary & Landmark Judgments: Section 72
Section 72 of the Consumer Protection Act prescribes criminal penalties, including imprisonment up to three years and fines up to one lakh rupees, for willful failure or refusal to comply with any order of a Consumer Commission.
Under sub-section (3), the Commission can issue bailable or non-bailable warrants directly against defaulting directors, managing directors, and partners of corporate entities.
Section 72 proceedings are quasi-criminal. If a company fails to satisfy a consumer award, non-bailable warrants of arrest are issued directly against its managing directors and key managerial personnel, leading to immediate custodial detention until the decretal amount is fully satisfied.