| ORDER | Date of Decision: 16.07.2014 RP – 28/2014(Arising from the order dated 30.06.2009 and 01.05.2014 passed by District Forum, Shalimar Bagh, Delhi in Complaint Case No. 1483/2007) Mahesh Arora (User Heera Lal), S/o Late Shri Bhoj Raj, R/o 1798, 3rd Floor, Outram Lines, Dr. Mukherjee Nagar, Delhi-110009. | | …………… Appellant | | | | | | | | | Vs | | Tata Power DDL, Through its CEO, Hudson Line, Kingsway Camp, Delhi-110009. | | | | | ……….. Respondent | | | | Coram SalmaNoor,PresidingMember NP Kaushik,Member(Judicial) | | | 1. | Whether reporters of local newspaper be allowed to see the judgment? | 2. | To be referred to the reporter or not? | N P Kaushik, Member (Judicial) | | | | | |
- This revision petition will be treated as an appeal.
- We have heard Ms Lizu Chugh, Counsel for the Appellant and Counsel for the Respondent.
- Present appeal is directed against the order dated 30.6.2009 and 01.05.2014 passed by the District Consumer Forum, Shalimar Bagh, Delhi in Complaint case No. 1483/07.
- The impugned orders dated 30.06.2009 are reproduced below:
“Complainant has filed an application praying that OP be directed to raise only current bill. It is submitted by OP that the current bill already been raised at present is Rs. 48638/-. Counsel for complainant states that said amount will be deposited within 10 days. List for arguments of the complaint on 25.11.09.” - Vide order dated 01.05.2014, Ld. District Forum dismissed the application filed by the Appellant herein observing that the District Forum has no power to review the order dated 30.06.2009. There is no dispute with the observation made by the Ld. District Forum to that extent.
- Perusal of the order dated 30.06.2009 (reproduced above) shows that the parties had agreed only to the payment of current bill by the Appellant herein. Copy of the current bill has been placed before us. The same is taken on record as Ex C-I. Perusal of the bill shows that the current demand as raised by the respondent herein was of Rs. 1692.65. Ld. Counsel for the Respondent herein (NDPL) had stated in the District Forum on 30.06.2009 that the bill was for an amount of Rs. 48,638/-. The bill, no doubt, amounted to Rs. 48,638/- but the current demand was only for an amount of Rs. 1692.65. Clearly while making the statements in District Forum on 30.06.2009, the Respondent herein had foregone his claim in respect of the arrears. Calculating thus, the amount payable by the Appellant herein as on 30.06.2009 was Rs. 1692.65. For these reasons, we are of the considered opinion that the Appellant herein is liable to pay an amount of Rs. 1692.65 (as on 30.06.2009). With the aforesaid observations, appeal is disposed of.
- FDR/Bank Guarantee, if any, furnished by the appellant be returned forthwith after completion of due formalities.
- A copy of this order as per the statutory requirements be forwarded to the parties free of charge and also to the concerned District Forum and thereafter the file be consigned to Record Room.
| |
