BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL
FORUM, FEROZEPUR
E.A. No.129-EA of 2014 Date of Institution: 19.12.2014
Date of Decision: 10.2.2015
Harcharan Singh son of Kashmir Singh, resident of House No.128, Street No.5, Dhawan Colony, Ferozepur City.
....... Applicant
Versus
1. Punjab State Power Corporation Limited, The Mall, Patiala, through its Chairman.
2. Sub Divisional Officer, Punjab State Power Corporation Limited, Sub Urban Sub Division, Ferozepur.
........ Respondents
Application under Section 27 of the Consumer Protection Act, 1986.
* * * * *
PRESENT :
For the applicant : Sh. Neel Rattan Sharma, Advocate
For the respondents : Sh. Ashwani Sharma, Advocate
QUORUM
S. Gurpartap Singh Brar, President
S. Gyan Singh, Member
E.A. No.129-EA of 2014 \\2//
ORDER
GURPARTAP SINGH BRAR, PRESIDENT:-
The present Execution Application has been filed by the applicant/complainant Harcharan Singh against the respondents under Section 27 of the Consumer Protection Act, 1986, for non-compliance of order dated 28.3.2014 passed by this Forum in Consumer Complaint No.590 of 2013, vide which the complaint was allowed with Rs.3000/- as compensation for mental agony, pain and harassment and Rs.2000/- as litigation expenses and the impugned demand of sundry charges raised in the bill dated 4.11.2013 was quashed. It was also ordered that if the applicant has already deposited the amount with respondent Nos.1 and 2, the same be refunded to the applicant. The order was directed to be complied with within a period of thirty days from the date of receipt of its copy.
2. Upon notice, respondents appeared through Shri Ashwani Sharma, Advocate and submitted their reply to the execution application stating therein that the respondents have already complied with the orders of this Forum and the complainant has accepted Rs.5000/-, which were ordered by this Forum as compensation for mental agony, pain, harassment and litigation expenses and the impugned demand of sundry charges has
also been rectified in the records, as ordered by this Forum and passed
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refund of Rs.11,971/- vide 5/133/1 dated 14.1.2015.
3. As per office report, copies of the order, out of which these proceedings have arisen, were issued to the respondents on 15.4.2014. The respondents were to comply with the order under execution within a period
of thirty days of receipt of its copy, whereas, the refund of Rs.11,971/- has been passed by the respondents only on 14.1.2015 and cheque for Rs.5000/- on account of awarded compensation and litigation expenses has been issued by the respondents in favour of the applicant only on 21.1.2015 and that too after filing of the present Execution Application by the applicant and issuance of notice thereof by this Forum. No appeal against the order under execution stated to have been preferred by the respondents. The respondents have complied with the orders of this Forum very late. It is a fit case where penal action is required to be taken against the respondents for avoiding the compliance of orders of this Forum for about eight months. Under Section 27 of the Consumer Protection Act, 1986, a person can be punished for non-compliance and even for delayed compliance of the orders. However, since the orders have now been complied with, so taking somewhat lenient view, we order the respondents to pay a fine of Rs.2000/-. In default, they will be liable to undergo simple imprisonment for three months.
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4. Fine of Rs.2000/- has been deposited with this Forum by the learned counsel for the respondents on behalf of the respondents. Therefore, the present Execution Application is hereby disposed off. File be consigned to the record room.
Announced
10.2.2015 (Gurpartap Singh Brar) President
(Gyan Singh) Member
