State Consumer Disputes Redressal Commission
Sbi Dharamshala vs Tata Power Delhi Distribution Ltd. ... on 22 November, 2021
MA/12/2021 SBI DHARAMSHALA VS. TATA POWER DELHI DISTRIBUTION LIMITED D.O.D: 22.11.2021
IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Date of Institution: 11.10.2021
Date of Hearing: 27.10.2021
Date of Decision: 22.11.2021
M.A. NO.- 12/2021
IN THE MATTER OF
S.B.I. DHARAMSHALA DHARMARTH TRUST (REGD.),
Through its Secretary Vir Prakash
State Bank Colony, G. T. Karnal Road,
Delhi-110009
(Through: Pankaj Jain, Advocate)
...Applicant
VERSUS
TATA POWER DELHI DISTRIBUTION LIMITED (TPDDL)
Through its Chief Executive Officer
Hudson Lane, Kingsway Camp
Delhi-110009
(Through: None)
...Respondent
CORAM:
HON'BLE DR. JUSTICE SANGITA DHINGRA SEHGAL
(PRESIDENT)
HON'BLE SH. ANIL SRIVASTAVA, (MEMBER)
Present: Mr. Pankaj Jain, Counsel for Applicant.
PER: HON'BLE DR. JUSTICE SANGITA DHINGRA SEHGAL,
PRESIDENT
ORDER
1. The present application, though has been marked as a Miscellaneous Application by the registry, is in fact a Revision Application (evident from the subject of the application as well as the prayer clause), has been moved by the Applicant seeking appropriate orders in DISMISSED PAGE 1 OF 3 MA/12/2021 SBI DHARAMSHALA VS. TATA POWER DELHI DISTRIBUTION LIMITED D.O.D: 22.11.2021 CC-1470/2006 titled S.B.I. Dharamshala vs. TPDDL, pending adjudication before District Consumer Disputes Redressal Forum, North West, Shalimar Bagh, Delhi.
2. At the outset, it is imperative to refer to the relevant provision of the Consumer Protection Act, 1986 (the old act is being referred since the case was filed before the new act came into being and is being proceeded as per its provisions).
"17. Jurisdiction of the State Commission. -- (1) Subject to the other provisions of this Act, the State Commission shall have jurisdiction--
(b) to call for the records and pass appropriate orders in any con-sumer dispute which is pending before or has been decided by any District Forum within the State, where it appears to the State Commission that such District Forum has exercised a jurisdiction not vested in it by law, or has failed to exercise a jurisdiction so vested or has acted in exercise of its jurisdiction illegally or with material irregularity."
3. The perusal of the aforesaid provision reflects that the State Commission shall have the power to call for records when it appears that the District Forum has:
(a) Exercised a jurisdiction not vested;
(b) Failed to exercise a jurisdiction so vested;
(c) Exercise its jurisdiction illegally or with material irregularity.
4. The existence of either of the aforesaid three conditions has to be established by the Applicant seeking revision, by placing on record any order, or any other document which would reflect that the District Forum has failed or not exercised or illegally exercised its jurisdiction. The error is also to be established on the face of the record by the person seeking such relief. However, in the present case, no such order has been placed on record by the Applicant.
DISMISSED PAGE 2 OF 3 MA/12/2021 SBI DHARAMSHALA VS. TATA POWER DELHI DISTRIBUTION LIMITED D.O.D: 22.11.2021
5. The fact that an early hearing application was moved and not entertained by the District Forum, by no stretch of imagination fall within the 3 grounds as enumerated in para 3 of this judgment and does not constitutes a valid ground for calling the record of the District Forum.
6. Consequently, we are of the view that the present Revision Petition is devoid of merit and has been filed on frivolous grounds, hence, is dismissed.
7. A copy of this order be provided to the Applicant free of cost as mandated by the Consumer Protection Act, 1986. The order be uploaded forthwith on the website of the commission for the perusal of the parties.
8. A copy of this order shall also be sent to the District Forum concerned so that the case is not delayed any further.
9. File be consigned to record room along with a copy of this Judgment.
(DR. JUSTICE SANGITA DHINGRA SEHGAL) PRESIDENT (ANIL SRIVASTAVA) MEMBER Pronounced On:
22.11.2021 DISMISSED PAGE 3 OF 3