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Supreme Court of India 2018-12-14 partly_allowed

H.K. Singla vs Avtar Singh Saini & Ors

Bench: 2 — R. Subhash Reddy

In Brief

H.K. Singla, secretary of a cooperative society, was sentenced to two years' imprisonment under Section 27 of the Consumer Protection Act, 1986 for the society's failure to pay maturity amounts owed to a depositor. The Supreme Court held that imprisonment cannot be imposed on an individual merely for being an officer of the defaulting entity without a personal liability order against that individual. The Court suspended the imprisonment order and remanded to the State Commission to consider whether personal liability could be established, while allowing the complainant to pursue recovery through law against the society under liquidation.

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Consumer Protection Imprisonment and Penalties Corporate Procedure Liquidation Section 27 CPA Personal Liability

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