STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
UNIONTERRITORY,CHANDIGARH
First Appeal No. | 547 of 2013 |
Date of Institution | 23.12.2013 |
Date of Decision | 02.01.2014 |
Sh. Ajay Sood, Advocate S/o Sh. K.R. Sood, resident of H.No.50-A, Sector 30-B, Chandigarh.
Versus
1.Indian Oil Corporation Petrol Pump, Dakshin Marg, Sector 33-B, Chandigarh (which was being run by Chandigarh Police Welfare Society) through its President, IG, Chandigarh Police, Sector 9, Chandigarh.
2. Sh. Kaptan Singh s/o Sh Hari Kishan, Constable No.2879/CP, the then Supervisor, Indian Oil Corporation, Petrol Pump, Dakshin Marg, Sector 33-B, Chandigarh.
Sh. Kaptan Singh s/o Sh. Hari Kishan Constable No.2879/CP c/o Inspector General Police, Chandigarh Police Head Quarters, Sector 9, Chandigarh.
3. Sh. Jagbir Singh, DSP (Operations), Joint Secretary, (Chandigarh Police Welfare Society) Ex-Incharge of Indian Oil Corporation Chandigarh, Sector 33-B, Chandigarh, Chandigarh Police Line, Sector 26, Chandigarh
Sh. Jagbir Singh, DSP (Operations) c/o Inspector General of Police, Chandigarh Police Head Quarters, Sector 9, Chandigarh.
4.Indian Oil Corporation Ltd., Chandigarh Marketing Division, India Oil Bhawan, Plot No.3-A, Sector 19-A, Madhya Marg, Chandigarh, through its Regional Manager.
---Respondents/Opposite Parties.
Appeal under Section 15 of the Consumer Protection Act, 1986.
BEFORE:
Argued by:Sh. B. J. Singh,
PER DEV RAJ, MEMBER
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“Sub Inspector Gurdev Singh (P.S. Sector 34, Chandigarh) and Constable Kaptan Singh are held liable for their gross misconduct and abuse of power. Both are ordered to be placed under suspension forthwith and to face departmental enquiry for disciplinary action against them. DSP (Lines) Jagbir Singh has not conducted himself as a just and impartial senior police officer. He also deserves an appropriate disciplinary action as the Inspector General of Police, Union Territory, Chandigarh may deem proper.”
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Further, as per Section 2(o) of the Act, “service” does not include rendering of any service free of charge or under a contract of personal service. Here also, the service, sought to be availed of viz. free air pressure checking, by the appellant/complainant from the respondent No.1/Opposite Party No.1 was free and without consideration. As such, the respondent No.1/Opposite Party did not provide any service to the appellant/complainant, which the District Forum has rightly held in its order.
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Pronounced.
2nd.
Sd/-
[JUSTICE SHAM SUNDER (RETD.)]
PRESIDENT
Sd/-
[DEV RAJ]
MEMBER
AD
STATE COMMISSION
(First Appeal No.547 of 2013)
Argued by:Sh. B. J. Singh,
Dated the 2nd
ORDER
(DEV RAJ) MEMBER | (JUSTICE SHAM SUNDER (RETD.)) PRESIDENT |
Ad
|
[HON'BLE MR. JUSTICE SHAM SUNDER] |
PRESIDENT |
|
[HON'ABLE MR. DEV RAJ] |
MEMBER |