State Consumer Disputes Redressal Commission
Shri.Madan Chand Gupta vs The Telecom District Manager, ... on 10 January, 2000
IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION IN THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION MEGHALAYA, SHILLONG C.A. NO.4(M) OF 1997 Shri.Madan Chand Gupta ... Appellant. -Vs- The Telecom District Manager, .................Respondents Meghalaya Telecom Circle, Shillong B E F O R E MR JUSTICE N.S.SINGH,PRESIDENT THE LEARNED MEMBER SHRI R.K.BAWRI AND SMTI. P.SYIEM For the Appellant Mr. S.P.Sharma Respondent NEMO Date of Order 10/01/2000 ORDER
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Heard Mr. S.P.Sharma, learned counsel appearing for the appellant. The facts of the case in a short compass are as hereunder.
The complainant-appellant herein made a complaint petition under section 12 read with section 2(g), 2(o) and 11(2)(c) of the Consumer Protection Act, 1986 as against the present respondents as opposite party before the District Consumer Disputes Redressal Forum at Shillong with a prayer for a direction to the respondents/opposite party to refund the excess billing amount of the telephone misused outside the premises of the complainant/appellant and also a claim for recovery of damages etc arising out of it by contending inter-alia, that the STD line of the appellant is being tampered with and misused by unscrupulous persons thus resulting in excess meterage. Certain allegations and statements and other legal points were also urged by the appellant/complainant before the District Forum. The respondents herein did not contest case of the appellant/complainant before the District Forum. However the District Forum passed the impugned judgment and order by holding that the District Forum do not consider that the instant case lies before it and the complainant/appellant may prefer the same in the proper forum.
The relevant observation made by the District Forum in the impugned judgment is very much material and important for just determination of the real points in controversy between the parties and accordingly, we quote the same as hereunder:-
In this instant case it may be noticed that the complainant has already cleared the amount of the alleged disputed bill and his telephone was already restored. The only claim is now for refund of the money which the claimant alleged to be entitled for refund, but there is no allegation that his telephone is at present disconnected or that the opposite parties is not rendering service. Since the complainants claim is for refund of money, we do not consider that the instant case lies before this Forum and the complainant may refer the same in the proper Forum.
We are constrained to dismiss the complainants case.
A bare perusals of this relevant portion of the judgment and order passed by the District Forum. We are of the view that the District Forum had completely lost the sight of the related provisions of law laid down under the Consumer protection Act, 1986 and rather the District Forum had misappreciated rather misconceived the provisions of law laid down under section 14 of the Act, in as much as the District Forum has jurisdiction and power to entertain the complaint of the present appellant before it as per related provisions of law under the said Act. Section 14 Clause(1) sub-clause (c) is relevant in the instant case and it lays down that if after the proceeding conducted under Section 13, the District Forum is satisfied that the goods complained against suffer from any of the defects specified in the complaint or that any of the allegations contained in the complaint about the services are proved, it shall issue and order to the opposite party directing him to do so the thing namely to return to the complainant the prices, or, as the case may be, the charges paid by the complainant.
In view of the above position, the District Forum has erred in law while passing the impugned judgment and order. On this ground alone the impugned judgment and order deserves to be set aside and accordingly, it is set aside thus remaining the case being CP case No. 15(S) 96 to the District Forum, East Khasi Hills, Shillong for fresh trial of it and disposed of it on its own merit. It is also made clear that the District Forum shall dispose of the said case as early as possible preferably within a period of three months from the date of receipt of this Judgment and Order in accordance with law by giving reasonable opportunity of being heard to the parties concerned.
Office is directed to transmit the related case record to the District Forum as early as possible.
For the reasons, observations, and direction made above, this appeal is disposed of but no order as to costs.
Member Member President