Per Shri S.R. Khanzode, Hon’ble Presiding Judicial Member
This appeal takes an exception to an order dated 04/05/2010 passed in consumer complaint No.376/2009 [Chief Officer Barshi Nagarparishad V/s. Deputy Executive Engineer/Assistant Engineer (City Sub-Division), MSEDCL, Barshi] by District Forum, Solapur.
2. This consumer complaint pertains to deficiency in service on the part of MSEDCL for not taking proper care of streetlights, its repairs and not installing an Express Feeder to the Water Purifying Centre of the Municipal Council in spite of the fact that as per demand payment of `8,63,300/- was made. The opponents denied their responsibility to maintain streetlights which according to the complainant is the responsibility of the opponents. They already installed Express Feeder. However, the District Forum allowed the complaint and directed the opponents in the consumer complaint to install the Express Feeder at the Water Purifying Centre of the complainant and also to pay interest over the amount of `8,63,300/- from 10/05/2007 till installation of Express Feeder at the rate of 9% p.a. Feeling aggrieved thereby, M.S.E.D.C.L. has preferred this appeal.
3. We heard Mr.S.S. Jinsiwale, Advocate for the appellant and Mr.S.J. Kshirsagar, Advocate for the respondent.
4. It is submitted at the Bar in the first instance that the dispute relates to interest awarded for not installing Express Feeder. It is submitted that the Express Feeder was already installed. However, when we start enquiring about evidence led as per provisions of Section 13 (4) of Consumer Protection Act, 1986, it is submitted on behalf of both the parties that they did not avail such opportunity to lead evidence and they want to avail the opportunity which should be made available to them so that ultimate justice could be ensured and which would help to settle the dispute in a just and proper manner. In the background of the circumstances, request made is accepted. Hence, we pass the following order :-
-: ORDER :-
1. Appeal is allowed.
2. The impugned order dated 04/05/2010 is set aside. The consumer complaint No.376/2009 is remitted back to the District Forum in the light of the observations made in the body of the order.
3. Both parties shall appear in the District Forum on 30/04/2013. On their appearance, opportunity to lead evidence as per provisions of Section 13(4) of the Consumer Protection Act, 1986 be given to both the parties and thereafter, on hearing them, dispute be settled according to the law.
4. We also give an opportunity to the parties to correct the description of the parties, particularly, that of opponents since the service provider is MSEDCL and not its any officer.
5. Hearing of the consumer dispute be expedited.
6. In the given circumstances, both the parties to bear their own costs.
7. Amount deposited by the appellant as per provisions of Section 15 of the Consumer Protection Act, 1986 and as a condition of stay be returned back to the appellant along with accrued interest, if any, on verification.
8. Copies of the order be furnished to the parties.
Pronounced
Dated 12th March 2013.
