ORAL

State Consumer Disputes Redressal Commission

U.P., Lucknow.

Revision No.42 of 2016

(Against the order dated 25.2.2016 passed in execution case no.36 of 2016 by the District Forum,  Etawah)

Devendra Kumar s/o Sri Virendra Prakash,

R/o Mohalla Sati Mandir, Kasba & Pargana,

Bhartana, District Etawah.                       …….Revisionist.

Versus

Adhishashi Abhiyanta, E.D.D.-II,

Dakshinanchal Vidyut Vitran Nigam Ltd.,

Etawah.                                                      …Opp. Parties.  

Present:

Hon'ble Mr. Justice Akhtar Husain Khan, President.  Hon'ble Smt. Bal Kumari, Member.

Sri A.K. Pandey for the Revisionist.

None for the OP.

Date: 26.7.2016

JUDGMENT

              Mr. Justice Akhtar Husain Khan, President

This is a revision against order dated 25.2.2016 passed by District Forum, Etawah in Execution Case no.36 of 2016, Devendra Kumar vs. Executive Engineer, EDD, whereby District Forum has dismissed the execution in full satisfaction on the ground that Judgment-debtor has furnished revised bill in compliance of order dated 23.10.2015 passed by District Forum in complaint case no.132 of 2008, Devendra Kumar vs. Executive Engineer, EDD.

It is contended by Ld. Counsel for revisionist that the revised bill has not been prepared as directed by District Forum in its above order dated 23.10.2015.

(2)

Perusal of impugned order dated 25.2.2016 passed in above execution case shows that revisionist/decree-holder has not been given opportunity to file objection against revised bill and the revised bill has been accepted by District Forum without affording opportunity of hearing to revisionist/decree-holder.

In view of above, we are of the view that the impugned order should be set aside and the District Forum should be directed to pass fresh order after affording opportunity of objection and hearing to revisionist/decree- holder as well as to opposite party/judgment-debtor.

The revision is allowed accordingly with direction to District Forum to pass fresh order after affording opportunity of objection and hearing to revisionist/decree- holder as well as to opposite party/judgment-debtor.     

(Justice Akhtar Husain Khan)      (Smt. Bal Kumari)

              President                                     Member

Jafri PA II

Court No.1