State Consumer Disputes Redressal Commission
Smt. Kamla Sood vs The Executive Engineer,Electrical ... on 19 November, 2008
H H.P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION, SHIMLA Appeal No. 137/2008. Date of Decision 19.11.2008. Smt. Kamla Sood, W/o Shri Satpal Sood R/o VPO Gagret, Old Amb Road, Tehsil Amb, Distt. Una, HP through Power of Attorney Holder, Shri Sanjeev Sood S/o Shri Satpal Sood, R/o VPO Gagret, Old Amb Road, Tehsil Amb, Distt. Una, HP. ..Appellant. Versus 1. The Executive Engineer, Electrical Division, HPSEB, Gagret, Tehsil Amb, Distt. Una, HP., 2. The SDO Electrical Sub Division, HPSEB Gagret, Tehsil Amb, Distt. Una, HP., 3. Sh. Tarsem Lal (Lala) Clerk O/o the SDO Electrical Sub Division, HPSEB, Gagret, Tehsil Amb, Distt. Una, HP., .Respondent/OPs. 4. Sh. Jagan Nath Aggarwal S/o Sh. Murari Lal R/o VPO Gagret, Tehsil Amb, Distt. Una, HP. .Respondent/Complainant. Honble Mr. Justice Arun Kumar Goel, President. Honble Mrs. Saroj Sharma, Member.
Whether Approved for reporting? No. For the Appellant. Mr. Peeyush Verma, Advocate.
For the Respondents No 1 to 3. Mr. Shashi Bhushan Singh Chandel, Advocate For the Respondent No.4 Mr. Jagdish Thakur, Advocate.
O R D E R:
Justice Arun Kumar Goel (Retd.) President (Oral) For the view we have taken while disposing of the MA Nos. 377/2008 and 378/2008 to the effect that the appellant was a proper party in the complaint filed by respondent No.4 against respondents No.1 to 3, as such it is felt that without going into the merits of the respective contentions urged by learned counsel for the parties, the impugned order needs to be set aside and thereafter case remanded back to the District Forum below with the direction that after addition of appellant as respondent No.4 in the complaint she will be heard in the matter in accordance with law. Thereafter the District Forum below shall proceed further without being influenced by its earlier order dated 17.3.2008, and then dispose of the same at the earliest and in no case later than 30.4.2009.
Since parties are duly represented they are directed to appear before the District Forum below on 5.12.2008 when appellant may file amended complaint if she so chooses. Further after getting reply to amended complaint from the respondents or if it is not filed then to the complaint from newly added OP NO.4-appellant herein and after taking evidence the District Forum below is directed to dispose of the complaint at the earliest, and in no case later than 30.4.2009. Time frame is strictly to be adhered to by the District Forum below looking to the nature of controversy involved in this appeal.
Learned counsel for the parties have assured that their respective clients shall render all assistance for disposal of the complaint within this time frame. We further make it clear that we have not expressed any opinion on the merits of the case as set out in the complaint or that may be pleaded in the amended complaint, by respondent No.4.
All interim orders passed from time to time in this appeal shall stand vacated forthwith.
Learned counsel for the parties have undertaken to collect copy of this order from the Reader free of cost as per rules and office will ensure that file is transmitted well before the date fixed.
Shimla.
19th November, 2008. (Justice Arun Kumar Goel) Retd.
President.
(Saroj Sharma), d.kZ* Member.