Punjab

StateCommission

FA/1206/2013

PSPCL - Complainant(s)

Versus

Sardara Singh - Opp.Party(s)

Jaswinder Singh Randhawa

13 Feb 2015

ORDER

                                                               FIRST ADDITIONAL BENCH

 

 

STATE  CONSUMER  DISPUTES  REDRESSAL  COMMISSION, PUNJAB, SECTOR 37-A, DAKSHIN MARG, CHANDIGARH.

 

First Appeal No.1206 of 2013

 

                                                Date of Institution :  07.11.2013.

                             Date of Decision    : 13.02.2015.

 

1.       Punjab State Power Corporation Limited/ PSEB through its         Chairman, The Mall, Patiala

2.       Senior Executive Engineer, Zirakpur, Distt. SAS Nagar.

3.       J.E., PSEB, Zirakpur, Distt. SAS Nagar.

                                                     …..Appellants/opposite parties.

Versus

 

Sardara Singh S/o Sh. Joginder Singh R/o Village Kurari, Tehsil & District SAS Nagar.

                                                     ….Respondent/complainant

    

Appeal against order dated 30.09.2013 passed by the District Consumer Disputes Redressal Forum, SAS Nagar, Mohali in execution proceedings of the order dated 12.12.2011.

Quorum:-

 

     Shri J. S. Klar, Presiding Judicial Member.

             Shri Vinod Kumar Gupta, Member.   

Present:-

 

     For the appellants            :     Sh. J.S. Randhawa, Advocate

For the respondent          :     Sh. Ashok Bhardwaj, Advocate

   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

 

J. S. KLAR, PRESIDING JUDICIAL MEMBER:-

                   The appellants (Judgment debtors in executing proceedings) have preferred this appeal against the respondent of this appeal (decree holder in the executing proceedings) challenging order dated 30.09.2013 of District Consumer Disputes Redressal Forum, SAS Nagar, Mohali. The instant appeal has been preferred against the same.

2.                The brief facts of the case are that Sardara Singh decree holder has filed the application under Section 25 of Consumer Protection Act 1986 (in short the "Act") against the judgment debtors on the averments that JDs be directed to comply with the orders of the District Forum within the stipulated period, failing which they be sent to civil prison and attachment of their property be effected. The DH also prayed for cost of Rs.2000/- in this case. The DH has sought the enforcement of order dated 12.12.2011 of District Forum SAS Nagar, Mohali in this execution application filed by him against the JDs.

3.                JDs appeared and filed written reply on 10.07.2012 before the District Forum in executing proceedings contending that application is filed on wrong basis. That order of the District Forum has already been implemented. It was further pleaded that 100 KVA feeding transformer has been de-loaded by shifting of 20 BHP and 15 BHP motorized load from this transformer and the total load on this transformer is 75 BHP against total installed capacity of 100 KVA for the smooth electricity supply to the tubewell connection of the decree holder to his satisfaction (sketch showing the loading condition of 100 KV feeding transformer was also attached). It was further pleaded that DH has not deposited Rs.1,61,471/-, as alleged by him in the office of JDs, the JDs inadvertently admitted it. No local commissioner can be appointed to collect the evidence on behalf of the decree holder. The JDs, thus, prayed for dismissal of execution application.

4.                On hearing the counsel for the parties and perusal of the record, the District Forum SAS Nagar, Mohali disposed of this execution application by virtue of impugned order dated 30.09.2013 by accepting the application under Section 25 of the Consumer Protection Act of DH, directing the JDs to comply with the order of the Forum within 30 days from the receipt of certified copy of the order and to submit compliance report on or before 30.10.2013. The JDs further pleaded to pay lump-sum amount of Rs.10,000/- to the complainant/DH as compensation for causing him mental harassment and Chairman of JDs was accordingly directed to look into the role of various officials after holding a proper enquiry as to why the order of the Forum was not complied with. The instant appeal has been preferred against the same.

5.                We have heard the learned counsel for the parties and have also examined the record of the case. We find that the order of the District Forum 12.12.2011, wherefrom this execution application has arisen has attained finality. The implementation of the order has not been stayed anywhere. No such stay order has been produced before us. Consequently, the order of the District Forum has to be complied with by the JDs in letter and spirit as it is. The JDs have no option to avoid the compliance of this order on their part. Consequently, we do not find any merit in this appeal of the JDs now appellants. The simple submission that some officials made wrong statement would not de-tract the credibility of the order of the District Forum 12.12.2011, which has already attained finality. It is for the JDs to hold departmental enquiry to find out the delinquent officials and to punish them, if they are found guilty.

6.                In view of our above discussions, we hold that the order of the District Forum 12.12.2011 has become final. The execution application has been filed by the DH for the implementation of this order. The District Forum has rightly passed the order dated 30.09.2013 under challenge in this case. There is no illegality or material infirmity in this order, so as to call for any interference therein. The order of the District Forum dated 30.09.2013 is affirmed in this appeal.

7.                In the light of our above discussions, the appeal of the appellants/JDs is hereby dismissed.

8.                The appeal could not be decided within the statutory period due to heavy pendency of court cases.

 

                                                                    (J. S. KLAR)

                                                   PRESIDING JUDICIAL MEMBER

                       

                                                         (VINOD KUMAR GUPTA)

                                                                       MEMBER

 

February 13 , 2015.                                                            

(MM)