Rajasthan

StateCommission

A/1214/2015

Madanlal S/o Sh. Nathu Ram - Complainant(s)

Versus

B.S.N.L. Through Sub Divisional Offiecer - Opp.Party(s)

Kamal Chamaria

07 Jan 2016

ORDER

BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION,RAJASTHAN,JAIPUR BENCH NO.1

 

 

FIRST APPEAL NO: 1214 /2015

 

Madanlal s/o Nathuram r/o Village Post Bany Tehsil Taranagar Distt. Churu (Raj.)

 

Vs.

 

Bharat Sanchar Nigam Ltd. Taranagar Distt. Churu through Sub-Division Officer, Telecom & ors.

 

Date of Order 07.01.2016

 

Before:

Hon'ble Mrs. Justice Nisha Gupta- President

Mrs.Sunita Ranka- Member

Mr. Kailash Soyal -Member

 

Mr.Kamal Chamaria counsel for the appellant

Mr.Neeraj Batra counsel for the respondent

 

 

2

 

BY THE STATE COMMISSION ( PER HON'BLE MRS. JUSTICE NISHA GUPTA,PRESIDENT):

 

This appeal has been filed against the judgment of the District Forum, Churu dated 16.9.2015 whereby the court below has dismissed the complaint on the ground that it contains serious question of fact and law which cannot be decided in summary jurisdiction of the Consumer Forum.

 

The facts of the case speaks unfortunate story of the matter. Earlier on the ground of jurisdiction the complaint was dismissed on 17.12.2013 by the court below. The order was set aside in Appeal No. 46/2014 vide order dated 5.1.2015 and the court below has been ordered to decide the matter on merits. Again the court below has dismissed the matter on the point of jurisdiction which is perverse on the part of the court below.

 

The short question in the matter was that whether any telephone connection was installed at the house of the appellant and the respondent is entitled for the bills to be paid. There is no serious question of fact or law and the court below has just avoided his liability to decide the matter. The matter could be decided in summary jurisdiction of the court and

3

 

order of the court below is perverse and liable to be rejected. The parties are directed to appear before the court below on 8.2.2016 and the court below is directed to decide the complaint after hearing the parties and considering the merits of the case.

 

 

(Kailash Soyal) (Sunita Ranka) (Nisha Gupta )

Member Member President

 

 

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