Haryana

StateCommission

A/302/2018

INDIRA GANDHI NATIONAL OPEN UNIVERSITY AND OTHERS - Complainant(s)

Versus

JAGBIR SINGH - Opp.Party(s)

RAGHUBIR TEJPAL

26 Nov 2018

ORDER

 

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, HARYANA, PANCHKULA

 

  First Appeal No.302   of 2018

 Date of Institution:12.03.2018

  Date  of  Decision:26.11.2018

 

1.      Indira Gandhi National Open University through its Vice Chancellor, Maidan Garhi, New Delhi 11068.

2.      Indira Gandhi National Open University, Regional Centre, Karnal (Haryana) through its Regional Director.

…..Appellants

Versus

 

Jagbir Singh S/o Sh. Sh. Basau Ram, R/o 1231, Urban Estate-II, Hisar, Distt. Hisar.

…..Respondents

 

CORAM:    Mr.Ram Singh Chaudhary, Judicial  Member

                   

Present:-    Mr.Raghubir Tejpal, Advocate for the appellant.

                   Mr.Dharampal Gill, Advocate for respondent.

 

                                                 ORDER

RAM SINGH CHAUDHARY, JUDICIAL MEMBER:

           

 

          Delay in filing the appeal is condoned for the reasons stated in the application filed for condonation of delay.

2.      The facts material to the case are that  complainant was practicing lawyer  at Distt Court, Hisar. The complainant was engaged as counsel by the opposite parties-appellants in case titled as Randhir Singh Vs. State of Haryana, which was decided by the learned court of Sudeep Goyal, the then CJ (SD), Hisar on 23.02.2015.  The complainant immediately informed to the O.ps. through telephone as well as email about the decision of the case and thereafter the complainant send a request dated 30.03.2015 to opposite party No.2 to release his fee alongwith the bills and also send the certified copy of order dated 23.03.2015. Both parties have preferred appeal and same have been decided on 20.08.2016 in the same court.  Intimation about the order was sent to the O.Ps. and  he also send the copy of order and counsel fee bill through registered post on 12.09.2016 but no action was taken by the O.ps. till now.   The O.Ps. have not been released the amount of the complainant deliberately and knowingly. Thus there was deficiency in service on the part of the O.Ps.

2.      The defence of the respondents were struck off vide order dated 16.03.2017 before the learned District Forum.

3.      After hearing both the parties, District Consumer Disputes Redressal Forum, Hisar (In short “District Forum”) allowed the complaint vide impugned order dated 24.08.2017 with a direction to respondents, to pay Rs.10,000/- to the complainant as counsel fee. Complainant is also hereby awarded compensation of Rs.2000/- for his harassment and mental agony etc.

4.      Feeling aggrieved therefrom, opposite parties-appellants have preferred this appeal.

5.      The argument have been advanced by Sh.Raghubir Tejpal, the learned counsel for the appellant as well as Sh.Dharampal Gill the learned counsel for the respondent. With their kind assistance the entire records as well as the original record of the District Forum including whatever the evidence has been led on behalf of  both the parties had also been properly perused and examined.

6.      The counsel has charged a fee in order to conduct the cases on behalf of the present appellants and once the services had been rendered for the purpose of earning his livelihood, in that eventuality, it would be considered that complainant is a consumer.

7.      It is quite pity that a university is filing the appeal for a small amount of Rs.10,000/- which has been charged by the complainant as a counsel fee.  More so, the counsel for the appellants could not answer to the specific question put up by the State Commission.  Hence, no illegality or perversity could be found while passing the order and allowing the complaint and the appeal being devoid of merits stands dismissed.

8.      The statutory amount of Rs.6000/- deposited at the time of filing the appeal be refunded to the appellants against proper receipt and identification in accordance with rules, after the expiry of period of appeal/revision, if any.

 

November 26th, 2018                    Ram Singh Chaudhary,                                                                          Judicial Member                                                                                       Addl.Bench                 

S.K.