State Consumer Disputes Redressal Commission
Seiner Engineer/ Executive Engineer ... vs M/S Sai Sha Stone Crusher on 6 August, 2024
First Appeal No. Senior Engineer / Executive Engineer 06.08.2024
51 of 2023 Electricity Distribution Division
Jwalapur, Haridwar and another
Versus
M/s Sai Sha Stone Crusher
STATE CONSUMER DISPUTES REDRESSAL COMMISSION UTTARAKHAND
DEHRADUN
Date of Admission: 03.04.2024
Date of Final Hearing: 24.07.2024
Date of Pronouncement: 06.08.2024
FIRST APPEAL NO. 51 / 2023
1. Senior Engineer / Executive Engineer
Electricity Distribution Division
Jwalapur, Haridwar
2. Executive Engineer
Uttarakhand Power Corporation Limited
Jwalapur, Haridwar
(Through: Sh. Nitin Kumar Garg, Advocate
via Video Conferencing)
...... Appellants
Versus
M/s Sai Sha Stone Crusher
through Sh. Amit S/o Sh. Pawan Kumar, Manager
R/o Bishnapur Jharda, Laksar Road
Haridwar, Uttarakhand
(Through: Sh. Saurabh Rana, Advocate)
...... Respondent
Coram:
Ms. Kumkum Rani, President
Mr. B.S. Manral, Member
ORDER
(Per: Ms. Kumkum Rani, President):
This appeal has been directed against the impugned judgment and order dated 25.10.2022 passed by learned District Consumer Disputes Redressal Commission, Haridwar (hereinafter to be referred as "The District Commission") in consumer complaint No. 304 of 2022, styled as M/s Sai Sha Stone Crusher Vs. Senior Engineer, Power Distribution Section (Divisional Office), Jwalapur, Haridwar, 1 First Appeal No. Senior Engineer / Executive Engineer 06.08.2024 51 of 2023 Electricity Distribution Division Jwalapur, Haridwar and another Versus M/s Sai Sha Stone Crusher Uttarakhand and another, wherein and whereby the consumer complaint was ex-parte allowed by the District Commission, directing the appellants / opposite parties to pay an amount of Rs. 49,00,000/- to respondent / complainant on account of deficiency in service on their part together with Rs. 50,000/- towards compensation for mental agony and Rs. 25,000/- towards counsel fee & litigation expenses, in all, Rs. 49,75,000/-, within a period of one month, failing which the respondent / complainant was also held entitled to interest @6% p.a. on the aforesaid amount from the date of filing of the consumer complaint, i.e., 27.07.2022 till payment.
2. The facts relevant for the disposal of the present appeal are as such that the respondent / complainant had filed a consumer case bearing No. 136 of 2021 against Executive Engineer, Electricity Distribution Division, Jwalapur, Haridwar before Consumer Grievance Redressal Forum (Haridwar Zone), Industrial Area, Haridwar, which was allowed vide judgment and order dated 21.02.2022. It was alleged in the consumer complaint filed before the District Commission that there has been deficiency in service on the part of the electricity department, due to which the dispute has arisen. Therefore, the consumer complaint was instituted by the complainant before the District Commission, seeking certain reliefs, morefully described in para 11 of the consumer complaint.
3. No written statement was filed by the appellants / opposite parties before the District Commission and vide order 07.09.2022 passed by the District Commission, while holding the service of notice as sufficient upon the appellants, their opportunity of filing the written statement was closed.
2First Appeal No. Senior Engineer / Executive Engineer 06.08.2024 51 of 2023 Electricity Distribution Division Jwalapur, Haridwar and another Versus M/s Sai Sha Stone Crusher
4. The copy of the order-sheet of the consumer complaint annexed with the memo of appeal reveals that later on, the appellants put in appearance before the District Commission through their counsel and submitted an application for recall of order dated 07.09.2022, which was allowed in the interest of justice. Thereafter, the consumer complaint was allowed by the District Commission per impugned judgment and order 25.10.2022 in the above terms. Feeling aggrieved, the appellants have come up in this appeal.
5. We have heard learned counsel for the parties and perused the record.
6. The perusal of impugned judgment and order passed by the District Commission will show that the same has been passed by the Members of the District Commission and the President of the District Commission was not a part of the proceedings. Section 36(1) of the Consumer Protection Act, 2019 provides that every proceeding before the District Commission shall be conducted by the President of that Commission and atleast one member thereof, sitting together. The perusal of record makes it clear that the consumer complaint in question was filed before the District Commission under the provisions of Consumer Protection Act, 2019, as the same came to be filed on 27.07.2022.
7. Relevant provision of Section 36(1) of the Consumer Protection Act, 2019 is reproduced below:
3First Appeal No. Senior Engineer / Executive Engineer 06.08.2024 51 of 2023 Electricity Distribution Division Jwalapur, Haridwar and another Versus M/s Sai Sha Stone Crusher "36. Proceedings before District Commission. - (1) Every proceeding before the District Commission shall be conducted by the President of that Commission and atleast one member thereof, sitting together:
Provided that where a member, for any reason, is unable to conduct a proceeding till it is completed, the President and the other member shall continue the proceeding from the stage at which it was last heard by the previous member........................"
8. From the above quoted Section of the Act, it is amply clear that in every proceeding before the District Commission, the presence of President of the District Commission is must and the Members sitting together are not authorised to undertake the proceedings filed before the District Commission and decide the same. As is stated above, it is apparently clear that the President of the District Commission was not a part of the proceedings before the District Commission and the consumer complaint was decided by the Members of the District Commission, in complete disregard of the above provisions of the Act. The record shows that consumer complaint before the District Commission was filed by one Sh. Sudhanshu Sain, Advocate, who is the son of the then learned President of the District Commission, hence the then learned President of the District Commission has recused himself from the proceedings of the consumer complaint. However, in view of the aforesaid specific provision of the Act, the Members were 4 First Appeal No. Senior Engineer / Executive Engineer 06.08.2024 51 of 2023 Electricity Distribution Division Jwalapur, Haridwar and another Versus M/s Sai Sha Stone Crusher not at all authorised to proceed with the consumer complaint and to decide the same on merits. Thus, the impugned judgment and order passed by the District Commission can not legally be sustained and is liable to be set aside on the above ground alone, without entering into the merits of the case. There shall be no gain saying that the impugned judgment and order passed by the District Commission, being against the provisions of the Act, is a nullity and can not be enforced. Thus, the matter needs to be remanded to the District Commission for decision afresh as per law.
9. For the reasons aforesaid, this appeal succeeds and is to be allowed and the impugned judgment and order passed by the District Commission is liable to be set aside.
10. Appeal is allowed. Impugned judgment and order dated 25.10.2022 passed by the District Commission, Haridwar is set aside. The matter is remanded back to the District Commission, Haridwar for decision afresh according to law. The District Commission is directed to decide the application dated 28.09.2022 moved on behalf of the appellants under Order 7 Rule 11 of the Code of Civil Procedure, 1908 with regard to maintainability of the consumer complaint at the first instance and thereafter to proceed further in the consumer complaint, strictly in accordance with law. The parties are directed to appear before the District Commission on 30.08.2024. No order as to costs of the appeal. The amount deposited by the appellants with this Commission, be released in their favour.
11. A copy of this Order be provided to all the parties free of cost as mandated by the Consumer Protection Act, 1986 / 2019. The Order be 5 First Appeal No. Senior Engineer / Executive Engineer 06.08.2024 51 of 2023 Electricity Distribution Division Jwalapur, Haridwar and another Versus M/s Sai Sha Stone Crusher uploaded forthwith on the website of the Commission for the perusal of the parties. A copy of this Order be sent to the concerned District Commission for record and necessary information.
12. File be consigned to record room along with a copy of this Order.
(Ms. Kumkum Rani) President (Mr. B.S. Manral) Member Pronounced on: 06.08.2024 6