ORAL

 STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                           UTTAR PRADESH, LUCKNOW

                           APPEAL NO. 384 OF 2024

(Against the order dated 16-01-2024 in Complaint Case No.499/2019                of the District Consumer Commission, Ghaziabad)

            Executive Engineer,

  Paschimanchal Vidyut Vitran Nigam Ltd.

  EUDD I, Kamla Nehru Nagar

  Ghaziabad

  Through its prescribed Authority 

                                                                                  ...Appellant

                                                     Vs.

Sanjai Kakkar

S/o Late Sri P P Kakkar

R/o 179, New Ghandhi Nagar

Ghaziabad-201002 

                                                                                     ...Respondent

BEFORE:

HON'BLE MR. JUSTICE ASHOK KUMAR, PRESIDENT

For the Appellant        :  Sri Isar Husain, Advocate.

For the Respondent     : 

Dated : 20-03-2024

                                            JUDGMENT

           MR. JUSTICE ASHOK KUMAR, PRESIDENT

The instant appeal has been filed under Section 41 of the Consumer Protection Act 2019 against the judgment and order of the District Consumer Commission, Ghaziabad dated 16-01-2024 passed in Complaint Case No. 499/2019 by which the complaint has been partly allowed against the opposite party.

Sri Isar Husain, learned Counsel for the appellant appeared.

I have heard learned Counsel for the appellant at the admission stage itself and perused the record.

The submission of the learned Counsel for the appellant is that the learned District Consumer Commission, Ghaziabad while allowing the complaint filed by the respondent/complainant, has illegally imposed Rs.10,000/- against the appellant under the heading of litigation cost and mental compensation.

:2:

I have gone through the judgment of the District Consumer Commission and according to the finding recorded by the District Consumer Commission, I am of the opinion that the judgment has been passed by the District Consumer Commission after taking into consideration the entire facts and material placed before it, so far as imposition of Rs.10,000/- towards the litigation cost and mental compensation is concerned, the same imposed by the District Consumer Commission is set aside and rest part the of impugned order is liable to be confirmed. Therefore, the appeal is liable to be allowed in part.

                              ORDER

The appeal is allowed in part. The imposition of Rs.10,000/- towards the litigation cost and mental compensation is set aside.  Rest of the order of the District Consumer Commission is upheld. 

If any amount is deposited by the appellant under Section-41 of the Consumer Protection Act 2019 in this appeal shall be remitted to the District Consumer Commission, Ghaziabad alongwith interest accrued if any, who shall pass appropriate order in accordance with law.    

Let copy of this order be made available to the parties as per rules.

The Stenographer is requested to upload this order on the website of this Commission at the earliest.

                 ( JUSTICE ASHOK KUMAR )

                               PRESIDENT

Pnt.