Jharkhand

StateCommission

RP/6/2015

Senior Divisional Manager, South Eastern Railway - Complainant(s)

Versus

Ram Sagar Singh - Opp.Party(s)

Mr. Gautam Rakesh

18 Jun 2015

ORDER

JHARKHAND STATE CONSUMER DISPUTES REDRESSAL COMMISSION,RANCHI
FINAL ORDER
 
Revision Petition No. RP/6/2015
(Arisen out of Order Dated 18/03/2015 in Case No. EX/27/2014 of District Ranchi)
 
1. Senior Divisional Manager, South Eastern Railway
Ranchi Division, Ranchi
...........Appellant(s)
Versus
1. Ram Sagar Singh
R/o Flat No. 301, Kumar Regency Latma Rd., Prem Nagar Rd. No.-6, Hesag Hatia Ranchi-3
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE R.K. Merathia PRESIDENT
 
For the Petitioner:
Mr. Gautam Rakesh, Advocate
 
For the Respondent:
ORDER

18-06-2015 - An application for amendment in the Revision Petition has been filed. Counsel for the petitioner is permitted to make necessary correction in the Revision Petition.

(2)     Heard, Mr. Gautam Rakesh learned counsel appearing for the petitioner. He submitted that it was the duty of the complainant to implead the correct parties in the complaint case. However, the petitioner decided to obey the order dated 13.8.2014 passed in Complaint Case No. 209/11 by learned District Consumer Forum, Ranchi by paying the awarded amount i.e. Rs. 4595/- but due to wrong description of the concerned Railway Authority, there is some technical difficulty in making payment.  He submitted that for this reason the petitioner prayed for substituting the correct Railway authority, so that payment can be made, but the learned District Forum passed the impugned order dated 18.3.2015 rejecting the prayer on the ground that the forum cannot go behind the said final order passed by it and on the ground that the case was contested by the Jt. Drs. but the correct party was not substituted before passing the final order.

(3)     It appears that the Railway took a decision to pay the awarded amount i.e. Rs. 4595/- to the complainant within the time granted in the said final order dated 13.08.2014 but due to internal technicalities in payment, the Railway prayed for substituting the proper authority in the execution case.

(4)     It was the duty of the Jt. Drs. also to get the correct Railway authority substituted before passing the final order. However, in order to avoid further delay in payment of the awarded amount, a formal order is required to be passed. For this in my opinion, it is not necessary to issue notice to the complainant to save him from further harassment and delay.

(5)     In the circumstances, the prayer for substitution is allowed and the petitioner is directed to pay Rs. 4595/- to the complainant in the Executing Court within 30 days from today, failing which, the petitioner will also be liable to pay the interest amount as ordered by the learned District Consumer Forum in the order dated 13.8.2014 passed in C.C. case No. 209/ 2011.

With these observations and directions, this revision petition stands disposed off.

          Let a free copy of this order be supplied to Mr. Gautam Rakesh.

 
 
[HON'BLE MR. JUSTICE R.K. Merathia]
PRESIDENT

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