Order No.  3  dt.  02/02/2018

       The complainant filed the case against the o.p. with the allegation that the complainant had earlier filed a case against the o.p. for which the o.p. paid an amount of Rs.12,500/- to the complainant. After payment of the said amount the complainant had not provided the telephone service to the complainant. On the basis  of the said fact the complainant filed this case the complainant has also stated that an execution case was filed before the Ld. DCDRF-II and the said case was dismissed for default. Against the said order the complainant preferred an appeal before the State Commission and the State Commission was of the opinion that no prayer to deal with the non-compliance can be made by the State Commission. On the basis of the said fact the complainant filed this case it appears from the contention of the complainant that the complainant wanted to have the relief in respect of the case filed by him earlier by execution of the degree since the complainant can seek for the remedy before the executing court wherefrom the order was passed. Apart from the said fact the complainant could not establish by producing any document that the complainant ever made any correspondence with the o.p. for redressal of the grievance. In absence of any prima facie material against the o.p. we do not find it proper to issue process against the o.p. Accordingly the prayer of the complainant is rejected and the case is dismissed in limini as it is a premature one.