State Consumer Disputes Redressal Commission
Zila Samaj Kalyan Adhikari vs Virendra Nath on 8 August, 2016
Cause Title/Judgement-Entry STATE CONSUMER DISPUTES REDRESSAL COMMISSION, UP C-1 Vikrant Khand 1 (Near Shaheed Path), Gomti Nagar Lucknow-226010 Revision Petition No. RP/19/2016 (Arisen out of Order Dated 21/12/2015 in Case No. C/203/2012 of District Ballia) 1. Zila Samaj Kalyan Adhikari Ballia ...........Appellant(s) Versus 1. Virendra Nath Ballia ...........Respondent(s) BEFORE: HON'BLE MR. JUSTICE AKHTAR HUSAIN KHAN PRESIDENT For the Petitioner: For the Respondent: Dated : 08 Aug 2016 Final Order / Judgement STATE CONSUMER DISPUTES REDRESSAL COMMISSION, UTTAR PRADESH, LUCKNOW REVISION NO. 19 OF 2016 (Against the order dated 30-11-2015 & 21-12-2015 in Complaint \ Case No.203/2012 of the District Consumer Forum, Ballia ) Zila Samaaj Kalyan Adhikari District Balia (Vikas Bhavan District Ballia) ...Revisionist Vs. Virendra Nath S/o Late Sri Katvaru Ram Village Chandravaar Post Chandravaar Tehsil Rasda, District Ballia. ...Opposite party BEFORE: HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT HON'BLE MRS. BAL KUMARI, MEMBER
For the Revisionist : Sri C L Verma, Advocate. For the Opposite Party : Sri Satya Prakash Pandey, Advocate. Dated : 08-08-2016 JUDGMENT MR. JUSTICE A. H. KHAN, PRESIDENT (ORAL)
Present revision has been filed by revisionist Zila Samaj Kalyan Adhikari against letters dated 21-12-2015 and 30-11-2015 sent by District Consumer Forum, Ballia to Senior Treasury Officer, Ballia whereby Senior Treasury Officer, Ballia has been requested to issue cheque of Rs.16,65,000/-. Admittedly above request has been made in pursuance of interim order dated 16-08-2012 passed by District Consumer Forum, Ballia in Complaint Case No. 203/2012 Virendra Nath V/s Zila Samaj Kalyan Adhikari.
Sri C L Verma, learned Counsel for the revisionist appeared.
Sri Satya Prakash Pandey, learned Counsel for the opposite party appeared.
Heard learned Counsel for the revisionist as well as learned Counsel for the opposite party.
It has been contended by learned Counsel for the revisionist that said letters have been issued in execution of interim order dated 16-08-2012 whereas this order dated 16-08-2012 stands vacated in view of Regulation 17 :2: of The Consumer Protection Regulations 2005.
It has been further contended by learned Counsel for the revisionist that dispute raised in complaint is a non consumer dispute. Therefore, above interim order passed by District Consumer Forum is without jurisdiction and against law.
Learned Counsel for opposite party has opposed revision and it has been contended by learned Counsel for the revisionist that revisionist has not filed any objection against application for interim relief on which above interim order has been passed by District Consumer Forum. Therefore Regulation 17 of The Consumer Protection Regulations 2005 is not applicable on the facts of this case. It has been further contended by learned Counsel for the opposite party that application moved by revisionist for recall of above interim order has already been rejected by District Consumer Forum vide order dated 19-09-2014.
We have considered the submissions made by learned Counsel for the parties.
Revision has been filed against letters issued by District Consumer Forum. The order on the basis on which these letters have been issued has not been challenged in this revision. Therefore, we are of the view that no interference is justified in letters issued by District Consumer Forum. The revisionist may file his objection before District Consumer Forum against the letters issued by District Consumer Forum.
In view of above, the present revision is disposed of with liberty to revisionist to move objection against letters issued by District Consumer Forum. If such objection is moved before District Consumer Forum, the District Consumer Forum shall pass appropriate order in accordance with law expeditiously within a period of one month from the date of filing objection.
Let copy of this order be made available to the parties within 15 days positively as per rules.
( JUSTICE A H KHAN ) PRESIDENT ( SMT. BAL KUMARI ) MEMBER pnt [HON'BLE MR. JUSTICE AKHTAR HUSAIN KHAN] PRESIDENT