State Consumer Disputes Redressal Commission
Chairman, Punjab State Electricity ... vs Ravinder Singh Son Of Sh. Sadhu Singh on 8 June, 2012
STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB,
DAKSHIN MARG, SECTOR 37-A, CHANDIGARH.
First Appeal No. 1012 of 2007
Date of Institution : 20.07.2007
Date of decision : 08.06.2012
1. Chairman, Punjab State Electricity Board, The Mall, Patiala.
2. Executive Engineer, Gidderbaha, Distt. Muktsar.
3. Assistant Executive Engineer, Sub urban Sub Division Gidderbaha, Distt.
Muktsar.
...Appellants
Versus
Ravinder Singh son of Sh. Sadhu Singh resident of village Rakhala, Tehsil
Gidderbaha, Distt. Muktsar.
...Respondents
First Appeal against the order dated 16.04.2007 of
the District Consumer Disputes Redressal Forum,
Muktsar.
Before:-
Hon'ble Mr.Justice S.N.Aggarwal, President.
Sh.Jasbir Singh Gill, Member.
Sh. Vinod Kumar Gupta, Member Present:-
For the appellants : Sh. A.S. Chaudhary, Advocate For the respondent : Sh. Karanveer Singh, Advocate JASBIR SINGH GILL, MEMBER This is respondent's appeal under Section 15 of the Consumer Protection Act, 1986 (hereinafter referred as the Act) against the order dated 16.04.2007 of the District Consumer Disputes Redressal Forum, Muktsar in which District Forum has accepted the complaint and passed the order against the OP directing the opposite party to supply of 10 BHP connection of the father of the complainant by releasing 5 BHP connection in favour of the complainant.
2. Notice was sent to the respondents on 06.12.2006 for 05.01.2007, but 05.01.2007 was declared holiday. The file was taken up by the district Forum First Appeal No.1012 of 2007 2 on 08.01.2007 then it was adjourned to 30.01.2007 for awaiting summons. The file was again adjourned to 27.03.2007 and thereafter again adjourned to 26.03.2007. On 26.03.2007 the respondents were proceeded against ex-parte.
3. The respondent had produced affidavit/documents in support of his version.
4. The learned District Forum had accepted the complaint ex-parte vide impugned order dated 16.04.2007.
5. Hence, this appeal.
6. The submission of the learned counsel for the appellant was that no valid notice was sent to the appellants. Hence, it was prayed that the appeal be accepted and the impugned order dated 16.04.2007 be set aside.
7. On the other hand the submission of the learned counsel for the respondent was that there was no merit in the present appeal and same be dismissed.
8. Record has been perused and submissions have been considered
9. Interim orders passed by the learned District Forum are perused, it becomes apparent that only once the notice was sent on 06.12.2006 for 05.01.2007, but, 05.01.2007 was declared holiday and the file was taken up on 08.012007, therefore, under the law fresh notice was required to be sent to the appellants but no fresh notice was sent either on 05.01.2007 or on 30.01.2007 or on 27.02.2007 and the appellants were suddenly proceeded against ex-parte on 26.03.2007. Therefore, the service was not properly effected on the appellants. The appellants could not get any opportunity to file the written statement or project their versions before the learned District Forum.
10. Accordingly, this appeal is accepted and the judgment dated 16.04.2007 is set aside and the parties are directed to appear before the learned District Forum on 06.07.2012.
11. Trial court file be sent back immediately. The learned District Forum is directed to expedite the decision of the case as the case has already grown old.
First Appeal No.1012 of 2007 3
12. The arguments in this case were heard on 29.05.2012 and the order was reserved. Now parties be communicated about the same.
13. The appeal could not be decided within the statutory period due to heavy pendency of court cases.
(Justice S.N.Aggarwal) President (Jasbir Singh Gill) Member (Vinod Kumar Gupta) Member June 08, 2012.
Kumud