Punjab

Jalandhar

EA/179/2014

Smt.Adarsh Ghai - Complainant(s)

Versus

PSPC Ltd. - Opp.Party(s)

19 May 2015

ORDER

District Consumer Disputes Redressal Forum
Ladowali Road, District Administrative Complex,
2nd Floor, Room No - 217
JALANDHAR
(PUNJAB)
 
Execution Application No. EA/179/2014
In
Complaint Case No. CC/33/2013
 
1. Smt.Adarsh Ghai
18-A,Ashok Nagar
...........Appellant(s)
Versus
1. PSPC Ltd.
SDO/AEE,PSPC Ltd.,Bastian Sub Division,Adarsh Nagar
...........Respondent(s)
 
BEFORE: 
  Jaspal Singh Bhatia PRESIDENT
  Jyotsna Thatai MEMBER
  Parminder Sharma MEMBER
 
For the Appellant:
Counsel for the DH.
 
For the Respondent:
Sh.DR Seth Adv., counsel for JD.
 
ORDER

The complainants/DHs/applicants have filed the present application under section 13(5) read with section 27 of the Consumer Projection Act, 1986 for imposing sentence of imprisonment and fine for the intentional, willful and deliberately concealing the record and for giving false evidence and for fabricating ledger accounts of applicants and non compliance of the order.

Upon notice, opposite parties appeared and filed a written reply pleading that order passed by this forum has been complied with and notice has been issued after adjusting the amount of Rs.53,000, Rs.50,000/- and Rs.1,60,000/- and further notice has been issued to deposit the remaining amount of Rs.50225/- and the present application is not maintainable.

We have carefully gone through the record and also heard the learned counsel for the parties.

While deciding the consumer complaint No.33 of 2013 titled as Adrash Ghai Vs. PSPCL and others on 16.7.2014, this forum partly accepted the complaint and held that out of the disputed amount, the amount of Rs.53,000/-, Rs.50,000/- and Rs.1,60,000/- have been deposited by the complainants/consumers and the opposite parties at liberty to recover the remaining amount out of the disputed amount from the present complainants. In the complaint, the disputed amount was Rs.3,13,225/-. So vide above said order the opposite parties/JDs/respondents were given liberty to recover the remaining amount after adjusting the amount of Rs.53,000/-, Rs.50,000/ and Rs.1,60,000/- i.e Rs.2,63,000/- in total. It is in the reply as well as affidavit of Inder Pal Singh, Addl.Superintending Engineer of Power Corporation that notice bearing No.1690 dated 22.8.2014 has been issued after adjusting the amount Rs.53,000/-, Rs.50,000/ and Rs.1,60,000/-. So the order has been complied with. In the application, in substance the allegations of complainants/DHs are that the DHs have deposited Rs.37,000/- but the respondents intentionally committed the perjury and submitted false arguments based upon false facts and figures and concealed true ledgers due to which the Forum was forced to pass an order dated 16.7.2014 holding that amount of Rs.37,000/- has not been deposited in the disputed electricity connection. In case DHs were aggrieved by order passed by this forum, they should have filed an appeal before Hon'ble State Commission. It has not been shown by any of the party, if any of the party filed appeal before Hon'ble State Commission against the above said order. So the above said order has become final. Now by way of this application, the DHs/applicants can not be allowed to reopen the controversy involved in the abovesaid decided complaint. As already discussed above, order passed by this forum has already been complied with by the opposite parties/respondents. So far as, prayer of the DHs regarding forgery and fabricating account statement and given false evidence is concerned, they can not be allowed to contend in this regard, contrary to the order passed by this forum which has become final. Moreover, the court orders prosecution in rare cases in the over all interest of administration of justice and not to gratify the feeling of vindictiveness of any individual. No ground for ordering any prosecution is made out. So no further action is called for in the present application. File be consigned to the record room.

 

 
 
[ Jaspal Singh Bhatia]
PRESIDENT
 
[ Jyotsna Thatai]
MEMBER
 
[ Parminder Sharma]
MEMBER

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