Haryana

Yamunanagar

CC/171/2019

Pawan Kumar Sibal S/o Rabinder Nath Sibal - Complainant(s)

Versus

S.D.O. UHBVNL - Opp.Party(s)

Satya Parkash

12 Sep 2019

ORDER

CC No. 171 of 2019

Pawan Kumar Vs. UHBVNL

 

Present:      None for the complainant.

                   Sh. Ritesh Goel, Adv. for respondent.

                                     

                 President and Male Member of the Forum entered in the Forum’s Room at 10.30 a.m. sharp. Sh. Gaphoor Deen, Assistant, who at present has been assigned the work of Reader, told that Sh. S.P. Sharma, Advocate for the complainant had come in the Forum at 09.30 a.m. and placed on record photocopy of instruction dated 04.09.2013 issued by the Haryana Government with regard to the timing of the Forum, and another application alongwith affidavit annexure C10 and C11 document annexure C12.

                 The timings of the Forum, as per Rule 5 of the Consumer Protection Regulation Act, 2005, which are framed by the Parliament of India, is 10.30 a.m. to 01.00 p.m. and 02.00 p.m. to 04.00 p.m. on all working days of the State Government, in case of State Consumer Disputes Redressal Commission, Haryana and the District Forum. The instruction dated 04.09.2013 placed on record, are contrary to the rules framed by the Parliament of India. This Forum is not required to make any more comment in this regard.             In the application, the order dated 09.07.2019 passed by this Forum has been impugned on the ground, it being null and void on various grounds. This Forum has no jurisdiction to review its own order as it is in the domain of Hon’ble State Commission or Hon’ble National Commission. Para No. 7 and para No. 10 of the application is contradictory to the order dated 09.07.2019 passed by this Forum, which is clearly speaking about affording of an opportunity to both the parties to place any document on record, to prove their version made into the complainant and written statement respectively. In para No. 10 of the application it is stated the counsel had come on 09.07.2019, just to note down the date, not to plead anything more, whereas, last paragraph of order dated 09.07.2019 makes clear, he prayed to proceed exparte against respondents No. 2 and 3 and his prayer was declined.

                 So far, remaining contents of the application and affidavit annexure C10, C11 attached are concerned, this Forum do not deem it fit to make any comment on merits. The language used in the application is contemptuous, derogatory, just to overawe the President of the Forum, as Sh. S.P. Sharma, Advocate was representing the complainant Gurpreet Singh, Advocate in a Consumer Complaint No. 161 of 2017 titled “Gurpreet Singh Vs. Managing Director, New India Insurance Company Ltd. and Ors.” decided on 30.05.2019, resultant complainant had not been granted relief to his expectation and to settle his score, both started to embarrass the Forum such as filing application under RTI Act, 2005. It is not in propriety, to make any more comment on the even dated application.                      

             Taking into account totality of the contents of the even dated application and affidavit annexures C10 and C11, this Forum keeping in  mind quasi judicial propriety and ethics, do not want to proceed ahead in this case. Therefore, record of this case is submitted before the Hon’ble President,State Commission, to withdraw this complaint from the registry of this Forum and entrust the same to another District Forum, as he deems fit under the circumstances. Parties through their counsels are directed to appear before the Hon’ble State Commission, Haryana on 26.09.2019 at 11.00 a.m. Reader of this Forum is directed to inform Sh. S.P. Sharma, Advocate for the complainant in this regard, if he enquires from him about today’s proceedings. Assistant concerned is directed to send the record there, immediately, complete in all respect, including the page marking.

                                                                              President,

                                                                   Distt & Sessions Judge (VRS)

                                      Member                         12.09.2019.

 

                   At 04.10 p.m., when the President alongwith Male Member was in the Retiring Room, Reader of the Forum informed that Sh. S.P. Sharma, Advocate and Sh. Gurpreet Singh, Advocate want to know about the today’s proceeding, then both, President and Male Member went on dais and told them about transmission of record to the Hon’ble State Commission, Haryana and date of appearance therein by the parties.

                                                                              President,

                                                                   Distt & Sessions Judge (VRS)

                                      Member                         12.09.2019.