State Consumer Disputes Redressal Commission
The Executive Officer, Municipal ... vs National Consumer Awarness Group on 13 May, 2016
STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
PUNJAB
DAKSHIN MARG, SECTOR 37-A, CHANDIGARH.
First Appeal No.383 of 2016
Date of institution : 12.05.2016
Date of decision : 13.05.2016
1. Executive Officer, Municipal Committee (now Council), Sri
Muktsar Sahib.
2. The President, Municipal Committee (now Council), Sri
Muktsar Sahib.
....Appellants/Opposite Parties No.2 & 3
Versus
1. National Consumer Awareness Group (Regd.) through its
District President R/o House No.77, Shehzada Singh Street,
Sri Muktsar Sahib.
....Respondent/Complainant
2. The Secretary, Department of Local Bodies, Punjab,
Chandigarh.
....Proforma Respondent/Opposite Party No.1
First Appeal against the order dated
21.04.2016 of the District Consumer
Disputes Redressal Forum, Sri Muktsar
Sahib.
Quorum:-
Hon'ble Mr. Justice Gurdev Singh, President
Mr. Vinod Kumar Gupta, Member
Present:-
For the appellants : Shri R.S. Rangpuri, Advocate. JUSTICE GURDEV SINGH, PRESIDENT :
This appeal has been preferred by the appellants/opposite parties No.2 & 3 against the order dated 21.04.2016 passed by District Consumer Disputes Redressal Forum, Sri Muktsar Sahib (in short, "District Forum"); vide which they were directed to produce the list of contractors from March, 2001 till the First Appeal No.383 of 2016 2 date of passing of the order and regarding the mode of payment, in proof of the fact that the lights and materials were purchased to provide better facilities of lights to the inhabitants of Sri Muktsar Sahib.
2. The order has been assailed by the learned counsel for the appellants, on the ground that the passing of this order amounts to re-opening of the matter and the same is not permissible. Once the order was passed, while deciding the complaint, the District Forum was to confine itself to the execution of the order and could not have re-opened the matter, by issuing such a direction.
3. A perusal of the record shows that Complaint No.24 dated 05.03.2001 was filed by respondent No.1/complainant, which was decided by the District Forum on 30.04.2002 and following directions were issued to opposite parties No.1, 3 & 4:-
a) to maintain the proper record of the streetlights installed in each ward and mark them with serial number on each light ward-wise;
b) to install the streetlights, as per the Municipal Law, at the proper distance in Muktsar;
c) to make the existing lights in working order; and
d) to keep the lights in working order installed at "Gurudwara Tuti Gandhi Sahib", as per the Municipal Law.
For execution of that order, the complainant filed application, under Section 25 and 27 of the Consumer Protection Act, 1986 and, on the basis of the facts detailed therein, alleged that the order has been First Appeal No.383 of 2016 3 disobeyed and has not been complied with. In order to ascertain, whether that order has been complied with or not, S.D.E., P.W.D. (B&R) Electrical, Sri Muktsar Sahib, was appointed, as the Local Commissioner, for making his report about the electric poles having the streetlights and the number of streetlights, so provided. He submitted detailed Report on 17.04.2015; in which he mentioned that the Municipal Council/opposite parties is doing the work regarding the streetlights fittings and maintenance etc. on contract basis and that the old/damaged fittings are required to be replaced and are not fixed in time. It was only in order to ascertain, whether the opposite parties, since the passing of the above said order, have been properly maintaining the streetlights, that the District Forum asked it to produce the list of contractors, so employed by it, and the records regarding the material purchase for the streetlights etc. The same does not amount to re-opening the matter and this record is meant for correctly interpreting the Report of the Local Commissioner and for determining, whether the order, so passed against the opposite parties, was complied with or not? There is no merit in this appeal and the same is hereby dismissed.
(JUSTICE GURDEV SINGH) PRESIDENT (VINOD KUMAR GUPTA) MEMBER May 13, 2016.
(Gurmeet S)