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State Consumer Disputes Redressal Commission

Punjab State Power Corporation Limited ... vs Riya on 15 November, 2023

  STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
                 PUNJAB, CHANDIGARH.

                        First Appeal No.631 of 2022
                             Date of institution :    29.07.2022
                             Date of Decision :       15.11.2023

1. Punjab State Power Corporation Ltd., CMC (Special) Division,
  Ludhiana (Punjab).
2. The Executive Engineer (East), Punjab State Power Corporation
  Ltd., CMC (Special) Division, Ludhiana (Punjab).
                                   .......Appellants/Opposite Parties.
                                Versus
Riya, wife of Gagandeep Singh, B-XXXI, # 1708/51A, Street No.1/9,
Maya Puri, Ludhiana (Punjab).
                                      ......Respondent/Complainant.
                             First Appeal U/S 41 of the Consumer
                             Protection Act, 2019 against the
                             order dated 19.04.2022 passed by the
                             District     Consumer       Disputes
                             Redressal Commission, Kapurthala
                             (Camp Court at Ludhiana).
Quorum:-
     Hon'ble Mrs. Justice Daya Chaudhary, President
             Ms. Simarjot Kaur, Member

Present :-

For the appellants : Dr. Sukant Gupta, Advocate For the respondent : None JUSTICE DAYA CHAUDHARY, PRESIDENT:-

Appellants/Opposite Parties i.e. The Punjab State Power Corporation Ltd. and Anr. have filed the present appeal under Section 41 of the Consumer Protection Act, 2019 (in short 'The Act') being aggrieved by the impugned Order dated 19.04.2022 passed by the District Consumer Disputes Redressal Commission, Kapurthala (Camp Court at Ludhiana).

2. Notice in the appeal was issued to the respondent on 02.08.2022, but none had appeared on behalf of the respondent and the case was adjourned on a number of occasions. Subsequently again notice was issued on 16.08.2023 for 26.09.2023. Respondent did not appear despite service but she has sent a letter, which was received in this Commission on 25.09.2023 vide receipt No.3658, wherein it has been specifically mentioned that the property where connection was to be installed has already been sold and now she, i.e. complainant-Riya, is not interested in installation of the electric connection.

3. We have heard the learned counsel for the appellant and have also carefully perused the said letter.

4. In view of the averments made in the letter, which is duly signed by the complainant-Riya, that the property in dispute where the connection was to be given has already been sold by the complainant and now nothing survives in the Consumer Complaint as on today, in view of the written version sent by the complainant herself and as such the Consumer Complaint is dismissed having become infructuous. Accordingly, the impugned order passed by the District Commission is set-aside.

5. In view of the reasons as mentioned above, learned counsel for the appellants does not want to press this appeal as nothing remains and as such the complaint has become infructuous, and accordingly nothing remains in this first appeal.

6. Accordingly, the present appeal is disposed off. However, the appellants are directed to refund the security amount as F.A. No.631 of 2022 3 deposited by the respondent within a period of one month from the date of receipt of copy of this order.

7. Registry is directed to release the amount so deposited at the time of filing appeal by the appellants i.e. Rs.10,000/-, alongwith interest which has accrued thereon, if any, to the appellants after the expiry of period of 45 days of the sending certified copy of this order to the parties.

8. Since the appeal is decided pending application, if any, is disposed of.

9. The appeal could not be decided within the statutory period due to heavy pendency of court cases.

(JUSTICE DAYA CHAUDHARY) PRESIDENT (SIMARJOT KAUR) MEMBER November 15, 2023 SK