Panaji: Bombay high court on Tuesday stayed the operation and execution of the order and warrant of detention of the South Goa Consumer Disputes Redressal Commission against founder and CEO of Ola Electric Technologies Pvt Ltd, Bhavish Aggarwal.The commission had last week issued a bailable warrant against Aggarwal for failing to remain present before it despite being given prior notice.HC on Tuesday issued notice to the commission and observed that the commission, prima facie, transgressed the jurisdiction and powers vested in it by issuing a warrant under the impugned order.“On going through the scheme of the Consumer Protection Act, it is only after the order granting compensation is passed and the same is sought to be enforced under Section 71 of the Act that the state commission is vested with the powers of a civil court pertaining to those under Section 71 of the Act, to issue a warrant of detention as a means to enforce its order,” HC stated.“There appears to be no such powers to issue such a warrant to any party to a dispute before the consumer forum or commission during the course of hearing of the complaint,” observed Justice Valmiki Menezes.The commission had, last week, directed the Bengaluru police to arrest Aggarwal and to produce him before the commission in Margao on Feb 23 at 10.30am. He could be released on bail of Rs 1.5 lakh, the commission had stated.It had issued a notice to Aggarwal, directing him to remain present on Feb 4 for clarification on the whereabouts of the complainant’s bike and to explain why the vehicle was not repaired and delivered to him after considerable time. Aggarwal had, however, failed to remain present.
