NCDRC

NCDRC

ERP/34/2014

PARGAT SINGH AUTHORIZED REPRESENTATIVE M/S. MOONAK INDANE GAS SERVICE - Complainant(s)

Versus

KRISHAN DEV - Opp.Party(s)

MR. PARVEEN UPPAL

07 Oct 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
EXECUTION REVISION PETITION NO. 34 OF 2014
 
(Against the Order dated 22/04/2014 in Appeal No. 1603/2012 of the State Commission Punjab)
1. PARGAT SINGH AUTHORIZED REPRESENTATIVE M/S. MOONAK INDANE GAS SERVICE
MOONAK, TEHSIL MOONAK,
SANGRUR
PUNJAB
...........Petitioner(s)
Versus 
1. KRISHAN DEV
S/O. SH. SUKHDEV SINGH, WARD NO.3, TEHSIL MOONAK,
SANGRUR
PUNJAB
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE D.K. JAIN, PRESIDENT
 HON'BLE MR. VINAY KUMAR, MEMBER

For the Petitioner :MR. PARVEEN UPPAL
For the Respondent :
IN PERSON

Dated : 07 Oct 2014
ORDER

          This Execution Revision Petition under Section 21 of the Consumer Protection Act, 1986 (for short “the Act”), is directed against order dated 22.4.2014 passed by the State Consumer Disputes Redressal Commission, Punjab (for short “the State Commission”) in FA/1603/2012.  By the said order, the State Commission has affirmed order dated 22.10.2012 passed by the District Consumer Disputes Redressal Forum, Sangrur (for short “the District Forum”), whereby the District Forum had come to the conclusion that the Petitioner had failed to comply with its order dated 17.10.2011.  The District Forum thus convicted the Petitioner under Section 27 of the Act and directed that he will undergo imprisonment for a period of six months and pay a fine of Rs.10,000/- with default clause.

          The stand of the Petitioner before the State Commission was that he had complied with the said order and had, in fact, released the new connection on 16.10.2012, immediately on the respondent/complainant surrendering his old gas connection with regulator and gas cylinder.  The said plea has not been accepted by the State Commission.  The State Commission has observed that if that was so, the Petitioner could have brought this fact to the notice of the District Forum at the time of passing of order dated 22.10.2012.

          Upon service of notice, the respondent is present in person.  He states that having received the new gas connection, etc. and in order to maintain cordial relations with the Petitioner, he is not pressing for the enforcement of the order of sentence awarded by the District Forum and affirmed by the State Commission.

          In view of the statement, we set aside the order of sentence but with a direction that a sum of Rs.25,000/- deposited by the Petitioner in this Commission, in terms of order dated 5.5.2014, shall be released to the respondent.  It is stated by learned counsel appearing for the Petitioner that a sum of Rs.10,000/- was deposited by the Petitioner with the District Forum.  If that be so, it will be open to the Petitioner to withdraw the said amount.

          Execution Revision Petition stands disposed of in the above terms.  Order Dasti.

 
......................J
D.K. JAIN
PRESIDENT
......................
VINAY KUMAR
MEMBER

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