Secretary. V/S Piara Lal - Consumer Court Case

Punjab

Kapurthala

CC/06/274

Piara Lal - Complainant(s)

Versus

Secretary. - Opp.Party(s)

Sh.Kanwaljit Singh

17 Jul 2007

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KAPURTHALA
Building No. b-XVII-23, 1st Floor, fatch Bazar, Opp. Old Hospital, Amritsar Road, Kapurthala
consumer case(CC) No. CC/06/274

Piara Lal						...........Appellant(s)
Vs.
Secretary. SDO						...........Respondent(s)

BEFORE:

Complainant(s)/Appellant(s):

OppositeParty/Respondent(s):

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ORDER

The petitioner availing of the remedy- The petitioner cannot approach the Forum complaining deficiency in service- District Forum is not an Appellate authority over the respondent-Electricity Board-Complainant held not entitled to get any interest on amount settled by the respondent-Electricity Board- Petiton dismissed. " XX XX XX The same rule was reiterated in another case of Jagrut Nagrik and another vs. Dy.Engineer Gujarat Electricity Board (Supra) that while dealing with a case under the Electricity Act 1998 held interalia that : XX XX XX "Consumer Protection Act,1986 - Section 2 (1) (b)- Electricity (Supply) Act , 1998, Sections 79 (J) 79 (K)- Complint- Attractive remedy- Electricity bill- - 6 - Correctness of -Statutory remedy of appeal against the bill in question availed of by the petitioner before the appellate Committee constituted under the Regulations- Consumer Fora could not sit in appeal over the decision of appellate Committee- State Commission rightly dismissed the appel on the said ground. " XX XX XX Likewise our own Hon'ble State Commission has also held in a case reported as 2002 )1) CLT 204 Punjab State Electricity Board Ludhiana vs. Shanti Saroop wherein it was held that " XX XX XX Consumer Protection Act, 1986- Sections 3 and 14- Alternative remedy/ additional remedy- The respondent complainant already availed the remedy in the matter under dispute before Disputes Settlement Committe of the appellants OP and failed- Held that complainant had already availed the alternative remedy before the Disputes Settlement Authority where he faailed and thereafter he could not pursue the same remedy before the District Forum on the same cause of action - Order of the District Forum set aside. " XX XX XX Therefore following the ratio of aforesaid cases and in the light of facts and circumstances of the instant case covered within that ambit, we are of the considered opinion that complainant is debarred from filing this complaint before this Forum - 7 - after availing of legal remedy before DSC in respect of the same dispute. In the ultimate analysis of aforesaid discussion, this complaint is hereby dismissed with no order as to cost as not maintainable. Let certified copies of judgment rendered be supplied/despatched to the parties without any unnecessary delay and thereafter file be consigned to record room. Announced : ( Sushma Handoo ) ( Sudha Sharma ) ( A.K. Sharma ) 17.7.2007 Member Member President.