ORAL     

  STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                              UTTAR PRADESH, LUCKNOW

                                 APPEAL NO. 1328 OF 2019

      (Against the judgment/order dated 20-09-2019 in Complaint Case

                  No.39/2018 of the District Consumer Commission, Kanpur Dehat)

1. Executive Engineer,

Dakshinanchal Vidyut Vitran Nigam Limited

Pukhrayan, Kanpur Dehat

Presently at Plastic City, Kanpur Dehat

02.Jitendra Singh, Up Khand Adhikari

     EDSD, Akbarpur, Kanpur Dehat.

03.Managing Director

Dakshinanchal Vidyut Vitran Nigam Limited

Agra

04.District Magistrate, Kanpur Dehat

                                                                                   ... Appellants                                 

                                                     Vs.

Ram Saran Singh

Alias Rana

S/o Late Vijai Bahadur

Awasi Parisar, Tahsil Akbarpur

District Kanpur Dehat

                                                                                      ...Respondent                                                                                                     

BEFORE:

HON'BLE MR. JUSTICE ASHOK KUMAR, PRESIDENT

HON’BLE MR. RAJENDRA SINGH, MEMBER

For the Appellant                :  Sri Iar Husain, Advocate

For the Respondent             :                

Dated :  29-09-2022

                                            JUDGMENT

 MR. RAJENDRA SINGH, MEMBER.

The instant appeal has been filed by the Executive Engineer, Dakshinanchal Vidyut Vitran Nigam Limited, Kanpur Dehat and others  under Section-15 of the Consumer Protection Act, 1986 against the judgment and order dated 20-09-2019 passed by the District Consumer Commission, Kanpur Dehat in Complaint Case No. 39/2018, Ram Sharan Singh V/s Executive Engineer, Dakshinanchal Vidyut Vitran Nigam Limited, Kanpur Dehat and others.

:2:

Sri Isar Husain, learned Counsel for the appellants appeared.

We have heard learned Counsel for the appellant and perused the impugned judgment and order as well as record.

In the instant case the learned District Consumer Commission has dismissed the recovery certificate dated 04-05-2018 issued by the concerned authorities against the complainant.

Whenever the Recovery Certificate is issued, a Civil Court has no jurisdiction to dismiss or stay the proceedings of the recovery certificate because it is issued on the request of the Court by the District Magistrate of the district concern. The learned District Consumer Commission  should have not passed the order to dismiss the recovery certificate issued by the concerned authorities because it has no jurisdiction to dismiss the recovery certificate. Hence the impugned order passed by the District Consumer Commission is prima facie against the law

In view of above, we are of the view that the appeal may be disposed of at the initial stage setting aside the judgment of the learned District Consumer Commission, Kanpur Dehat.

                                  ORDER

The appeal is allowed and finally disposed of at the initial stage. The impugned judgment and order dated 20-09-2019 passed by the District Consumer Commission, Kanpur Dehat is set aside and the complaint is dismissed.

The office is directed to issue the certified copy of this order to the parties within a week as per rules.

The Stenographer is requested to upload this order on the website of this Commission today itself.

              ( JUSTICE ASHOK KUMAR  )                     ( RAJENDRA SINGH )

                        PRESIDENT                                                     MEMBER

          PNT.