STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
UTTAR PRADESH, LUCKNOW
APPEAL NO. 1326 OF 2016
(Against the judgment/order dated 05-06-2015 in Complaint Case
No. 28/2014 of the District Consumer Forum, Sultanpur )
Manager
Indira Gandhi Eye Hospital & Research Centre, Amethi.
...Appellant
Vs.
Shiv Sewak Singh, S/o Jang Bahadur
R/o Village Badgaon
Pargana & Tehshil Amethi
District Sultanpur ...Respondent
BEFORE:
HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT
HON’BLE MRS BAL KUMARI, MEMBER
For the Appellant : Sri Raje Bhasin, Advocate.
For the Respondent : Sri Ganga Prasad, Advocate.
Dated : 08-07-2016
JUDGMENT
MR. JUSTICE A. H. KHAN, PRESIDENT (ORAL)
This is an appeal filed under Section-15 of the Consumer Protection Act 1986 hereinafter referred as Act by appellant Manager, Indira Gandhi Eye Hospital & Research Centre, Amethi against exparte judgment and order dated 05-06-2015 passed by District Consumer Forum, Amethi in Complaint No. 28/2014 Shiv Sevak Singh V/s Manager, Indira Gandhi Eye Hospital & Research Centre, Amethi whereby District Consumer Forum has allowed complaint filed under Section-12 of the Act by respondent/complainant and has ordered appellant/opposite party to pay Rs.2,00,000/- as compensation with interest @ 9% per annum from 08-06-2007 till actual payment. The District Consumer Forum has further awarded compensation of Rs.10,000/- to respondent/complainant for physical and moral harassment as well as Rs.5,000/- as cost of the complaint. District Consumer Forum has further directed that in default of payment of above amount within one month from the date of order, the rate of interest payable by opposite party now appellant shall be 10% .
Heard learned Counsel for the appellant as well as learned Counsel for
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the respondent on delay condonation application. Sufficient reason has been show for condoning the delay. The delay condonation application is allowed.
Admit and register appeal.
Heard learned Counsel for both parties on merit of appeal.
It is contended by the learned Counsel for the appellant/opposite party that Complaint No. 112/2007 Shiv Sevak Singh V/s Manager, Indira Gandhi Eye Hospital & Research Centre was instituted before the District Consumer Forum, Sultanpur and said complaint was dismissed in default of parties on 23-01-2014. Thereafter order dated 23-01-2014 was recalled by District Consumer Forum, Sultanpur and said complaint was restored to its original number but no notice was sent to appellant/opposite party. Subsequently said complaint was transferred to District Consumer Forum, Amethi whereupon Complaint No. 28/2014 Shiv Sevak Singh V/s Manager, Indira Gandhi Eye Hospital & Research Centre was registered in District Consumer Forum, Amethi. The District Consumer Forum, Amethi also did not issue any notice to complainant and passed impugned exparte judgment and order in absence of appellant.
Learned Counsel for the respondent/complainant has accepted that Complaint No. 112/2007 Shiv Shevak Singh V/s Manager, Indira Gandhi Eye Hospital & Research Centre filed before District Consumer Forum, Sultanpur was dismissed in default of parties on 23-01-2014. Thereafter said order was recalled by District Consumer Forum, Sultanpur vide order dated 10-02-2014 and said complaint was restored to its original number. Later on said complaint was transferred to District Consumer Forum, Amethi and District Consumer Forum, Amethi registered said complaint as Complaint No. 28/2014.
In view of proposition laid down by Hon’ble Apex Court in the case of Rajeev Hitendra Pathak and others V/s Achyut Kashi Nath Karekak and another reported in IV(2011) CPJ 35(SC) it is apparent that District Consumer Forum or the State Commission has no power to recall its earlier order. Therefore, the order dated 10-02-2014 whereby District Consumer Forum, Sultanpur has recalled its order dated 23-01-2014 and has restored complaint on its original number is without jurisdiction and against law. This illegality committed by District Consumer Forum, Sultanpur makes subsequent proceeding of the complaint illegal and against provision of
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law. Further more on transfer of the complaint to District Consumer Forum, Amethi no notice has been issued to appellant/opposite party by District Consumer Forum.
Considering the above facts and circumstances of the case we are of the view that the impugned judgment and order passed by District Consumer Forum is against law.
In view of above facts we are of the view that illegality committed by District Consumer Forum, Sultanpur vide order dated 10-02-2014 may be cured by us in this appeal and a direction may be issued to District Consumer Forum to restore the said complaint on its original number and to pass afresh order in accordance with law.
In view of above, appeal is allowed. The complaint is remanded back to District Consumer Forum for passing a fresh order after affording opportunity of filing written statement to appellant/opposite party. The District Consumer Forum shall decided the complaint within three months positively from the date of appearance of parties in accordance with law. Both parties shall appear before the District Consumer Forum on 04-08-2016 and opposite party/appellant shall file his written statement positively within 15 days from that date. No further time shall be given by the District Consumer Forum for this purpose again.
Let copy of this order be made available to the parties positively within 15 days as per rules.
( JUSTICE A H KHAN )
PRESIDENT
( SMT. BAL KUMARI )
MEMBER
Pnt
