NCDRC

NCDRC

RP/2595/2016

NANDA KUMAR DUTTA - Complainant(s)

Versus

STATION MANAGER, WBSEDCL - Opp.Party(s)

IN PERSON

24 Mar 2017

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2595 OF 2016
 
(Against the Order dated 03/06/2016 in Appeal No. 1308/2015 of the State Commission West Bengal)
1. NANDA KUMAR DUTTA
S/O. LATE SH. GOSAIN DAS DUTTA, SANG NALHATI ASRAMPARA, P.O. & P.S. NALHATI
DISTRICT-BIRBHUM
WEST BENGAL
...........Petitioner(s)
Versus 
1. STATION MANAGER, WBSEDCL
P.O. NALHATI
DISTRICT-BIRBHUM
WEST BENGAL
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE V.K. JAIN,PRESIDING MEMBER

For the Petitioner :
Mr. Sanjay Kumar Ghosh, Amicus Curiae
For the Respondent :

Dated : 24 Mar 2017
ORDER

This revision petition is directed against the order of the State Commission dated 03.06.2016 whereby the appeal preferred by the petitioner against the order of the District Forum was dismissed as not pressed, on his counsel stating that the complainant was no more interested in proceeding with the appeal.  The case of the petitioner is that no instructions were given by him to the advocate not to press the appeal.

2.      The petitioner/complainant had applied for an electricity connection making security deposit of Rs.4,500/- way back on 21.06.1988.  Initially, the connection was provided but later on it was disconnected on his request.  The petitioner applied for refund of the security deposit.  The refund having not been made, he approached the concerned District Forum which vide order dated 01.10.2013, directed refund of the aforesaid amount alongwith interest @ 10% per annum from the date of the complaint and the cost of litigation quantified at Rs.500/-.

3.      Since the order dated 01.10.2013 had been passed ex-parte, the respondent filed an application seeking setting aside of the said order.  That application was allowed whereupon a written version was filed by the respondent.  Vide order dated 29.08.2014, the District Forum again directed refund of the security deposit after adjustment of outstanding if any and compensation quantified at Rs.3,000/-.  Cost of litigation quantified at Rs.2,000/- was also awarded to him.  However, being still dissatisfied, the petitioner/complainant approached the concerned State Commission by way of an appeal, which was dismissed as not pressed.

4.      The learned counsel for the petitioner submits that the District Forum was not competent to set aside the ex-parte order which it had passed against the respondent.  To this extent, the learned counsel for the petitioner is correct in law.  However, considering that on merits of the case, the order passed by the District Forum is eminently justified, I am not inclined to interfere with the said order in exercise of the revisional jurisdiction of this Commission.  The revision petition is therefore, dismissed.  However, the respondent is directed to comply with the order of the District Forum within four weeks from today unless the same already stands complied.  One copy of this order shall be sent to the respondent for information and necessary action in a time-bound manner.  The fee of the amicus curiae be paid as per rules.

 
......................J
V.K. JAIN
PRESIDING MEMBER

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