(Per: Justice B.C. Kandpal, President):

This is an appeal under Section 15 of the Consumer Protection Act, 1986 against the order dated 11.07.2014 passed by the District Forum, Haridwar in consumer complaint No. 149 of 2014.  By the order impugned, the District Forum has allowed the consumer complaint and quashed the recovery certificate in question.  The electricity department was further directed to pay compensation of  Rs. 5,00,000/- to the respondent – complainant.  It was also directed that in case the electricity department is unable to pay the whole of the above amount, then in that eventuality, the remaining amount after adjusting the amount of the recovery certificate, may be paid to the respondent – complainant.  The District Forum has also directed the electricity department to immediately restore the electricity connection of the respondent – complainant.

2.       Briefly stated, the facts of the case as mentioned in the consumer complaint, are that the complainant had taken an electricity connection from the electricity department in the year 2002 for his boring and he was regularly paying the electricity bills.  The said electricity connection was used by the complainant till 2004 and in the year 2004, his boring failed.  The complainant issued a letter in that regard to the electricity department.  It was alleged that the complainant got his electricity connection disconnected in the year 2004, but still the electricity bill was issued against him and later on, the recovery certificate was issued against the complainant.  When the complainant was not heard, he filed a consumer complaint against the opposite parties before the District Forum, Haridwar, alleging deficiency in service on the part of the opposite parties.

3.       The appellants filed written statement before the District Forum and pleaded that the electricity connection was provided to the complainant on 28.02.1989; that the complainant had been using the electricity since 1989; that the complainant has never applied for disconnection of his electricity connection; that there are dues of     Rs. 3,15,395/- against the complainant, for which the recovery certificate was issued and that there is no deficiency in service on their part. 

4.       The District Forum, on an appreciation of the material on record, allowed the consumer complaint vide impugned order dated 11.07.2014 in the above manner.  Aggrieved by the said order, the electricity department has filed the present appeal.      

5.       We have heard the learned counsel for the appellants and respondent – complainant in person and have also perused the record.  The order-sheet of the consumer complaint on record shows that the matter was put up before the District Forum on 10.07.2014 and on the said date, the District Forum had summoned the Executive Engineer (Rural) and the matter was fixed for 11.07.2014 for filing the evidence by the parties.  On 11.07.2014, the Executive Engineer did not appear and the District Forum closed the evidence of the appellants and heard arguments and pronounced the impugned judgment and order on the same date, i.e., 11.07.2014.

6.       Thus, from the perusal of the order-sheet of the consumer complaint, it is quite clear that the District Forum did not afford sufficient opportunity to the appellants to file evidence in support of their defence and decided the consumer complaint in a haste manner.  It is a settled principle of law that all the parties involved in the matter in question should get proper opportunity of being heard.

7.       We have noticed that the appellants could not file the evidence before the District Forum and the District Forum did not give proper opportunity to the appellants for adducing evidence on affidavit and disposed of the consumer complaint merely on the basis of the pleadings of the complainant only, which is contrary to the principle of natural justice.  The Hon’ble Apex Court in the case of Topline Shoes Ltd. Vs. Corporation Bank; II (2002) CPJ 7 (SC), has observed that “it is for the Forum or the Commission to consider all facts and circumstances along with the provisions of the Act providing time frame to file reply, as a guideline, and then to exercise its discretion as best it may serve the ends of justice and achieve the object of speedy disposal of such cases keeping in mind the principle of natural justice as well.”

8.       In view of the Hon’ble Apex Court’s decision, we are unable to sustain the order passed by the District Forum and set aside the same.

9.       The Hon’ble National Commission in the case of Mathura Mahto Mistry Vs. Bindeshwar Jha (Dr.) and another; I (2008) CPJ 109 (NC), has held that disposing of the complaint simply on pleadings without directing the parties to file evidence by way of affidavits is illegal on the face of it.  The Hon’ble National Commission in the aforesaid judgment has also held that “moreover without adducing evidence, both the parties obviously did not get an opportunity to prove their respective case, in view of which, we are unable to sustain the order passed by the District Forum, which is set aside and the case is remanded back to the Forum below to give an opportunity to both the parties to lead evidence by way of affidavits and also permit cross-examination through questionnaire and reply and only after completion of all the necessary procedure as per law, the District Forum shall hear the case on merit and dispose it of preferably within a period of three months from the date of receipt of this order.”

10.     Thus, we feel it just and proper to remand the case to the District Forum for decision afresh in accordance with law.  The appellants shall file their evidence before the District Forum on or before 30.04.2015 positively.  The District Forum shall take all sort of endeavour to decide the consumer complaint as early as possible and preferably within a period of 45 days’ from the date of filing the evidence by the appellants.

11.     With the aforesaid observations, the appeal is allowed.  Impugned judgment and order dated 11.07.2014 passed by the District Forum is set aside and the case is remanded back to the District Forum for decision afresh in accordance with law.  The appellants are directed to file their evidence before the District Forum on or before 30.04.2015 positively.  The District Forum is directed to decide the consumer complaint expeditiously and preferably within a period of 45 days’ from the date of filing the evidence by the appellants.  It is made clear that the District Forum shall not grant any adjournment to the appellants seeking time for filing the evidence.  Copy of the order be sent to the District Forum, Haridwar immediately.  No order as to costs.       

            (D.K. TYAGI)                                            (JUSTICE B.C. KANDPAL)

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