ORAL

 STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                           UTTAR PRADESH, LUCKNOW

                           APPEAL NO. 1140 OF 2023

(Against the order dated 21-02-2023 in Complaint Case No.155/2018       of the District Consumer Commission, Amroha)

            01.Paschimanchal Vidyut Vitran Nigam Limited

                 Vidyut Gramin Vitran Khand

                 Amroha Office, Near Ghandhi Kee Murti

                 Amroha

                 Through its Executive Engineer

                 (Prescribed Authority)

            02.Vidyut UP Khand Adhikari

                  Upkhand Amroha

                  District Amroha

             03. V K Sharma TG II

                   Paschimanchal Vidyut Vitran Nigam Ltd.

                   33/11/KV Vidyut Upkendra

                   Naugavan Sadat, District Amroha.

                                                                                   ...Appellants

                                                     Vs.

Khoob Singh Alias Khoob Chandra Singh

S/o Sri Narayan Singh

R/o Village Hafeezpur

Post Naugavan Sadaat

District Amroha

                                                                                     ...Respondent

BEFORE:

HON'BLE MR. JUSTICE ASHOK KUMAR, PRESIDENT

For the Appellant        :  Sri Isar Husain, Advocate.

For the Respondent     : 

Dated : 26-07-2023

                                            JUDGMENT

           MR. JUSTICE ASHOK KUMAR, PRESIDENT

The instant appeal has been filed under Section 41 of the Consumer Protection Act 2019 against the judgment and order of the District Consumer Commission, Amroha dated 21-02-2023 passed in Complaint Case No. 155/2018 by which the complaint has been allowed against the opposite parties.

:2:

Heard Sri Isar Husain, learned Counsel for the appellants and perused the record.

The submission of the learned Counsel for the appellants is that the learned District Consumer Commission, while allowing the complaint filed by the respondent/complainant, has illegally imposed the cost against the appellants under the heading of cost of the case Rs.5,000/- and penalty of Rs.5,000/- towards mental agony and financial hardship.

I have gone through the judgment of the District Consumer Commission and according to the finding recorded by the District Consumer Commission, I am of the opinion that the judgment has been passed by the District Consumer Commission after taking into consideration the entire facts and material placed before it. However, so far as the penalty of Rs.5,000/- towards mental agony and financial hardship and Rs.5,000/- towards cost of the case is concerned, I am of the opinion that seeing the facts of the case the same should not have been imposed, therefore, the appeal is liable to be allowed in part. The imposition of penalty of Rs.5,000/- and cost of the case Rs.5,000/- is liable to be set aside.

                              ORDER

The appeal is allowed in part. The imposition of penalty of Rs.5,000/- and cost of the case Rs.5,000/- is hereby set aside. Rest of the order of the District Consumer Commission is upheld.     

Let copy of this order be made available to the parties as per rules.

The Stenographer is requested to upload this order on the website of this Commission at the earliest.

                 ( JUSTICE ASHOK KUMAR )

                               PRESIDENT

Pnt.