NCDRC

NCDRC

RP/1841/2023

DR V MURUGAN - Complainant(s)

Versus

THE CHAIRMAN TNEB & 3 ORS. - Opp.Party(s)

MR. M.A. CHINANASWAMY & CH. L. SARVESWAR & C. RAGHAVENDREN

23 Aug 2023

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1841 OF 2023
(Against the Order dated 14/12/2022 in Appeal No. A/351/2017 of the State Commission Tamil Nadu)
1. DR V MURUGAN
NO -4 AVVAI STREET DURGA NAGAR TAMBARAMSANITORIUM
CHENNAI
TAMIL NADU
...........Petitioner(s)
Versus 
1. THE CHAIRMAN TNEB & 3 ORS.
T.N.E.B MOUNT ROAD
CHENNAI
TAMIL NADU
2. THE EXECUTIVE ENGINEERO
T.N.E.B PORUR
CHENNAI
TAMIL NADU
3. THE ASSISTANT EXECUTIVE ENGINEER
T.N.E.B THIRUMUDIVAKKAM
CHENNAI
TAMIL NADU
4. THE ASSISTANT ENGINEER
T.N.E.B THIRUMUDIVAKKAM
CHENNAI
TAMIL NADU
...........Respondent(s)

BEFORE: 
 HON'BLE DR. INDER JIT SINGH,PRESIDING MEMBER

FOR THE PETITIONER :
MR. CH. LEELA SARVESWAR, ADVOCATE WITH
MR.C.RAGHAVENDREN, ADVOCATE

Dated : 23 August 2023
ORDER

1.       The present revision petition has been filed by the petitioner against respondents as detailed above, under section 21 (b) of Consumer Protection Act, 1986, against the order dated 14.12.2022 of the State Consumer Disputes Redressal Commission, Chennai (hereinafter referred to as the State Commission), in FA No.351/2017 in which order dated 20.9.2017 of District Consumer Disputes Redressal Forum, Chengalpattu (hereinafter referred to as “District Forum”)  in Consumer Complaint (CC) No. 81/2015 was challenged, interalia praying for modifying the order dated 14.12.2022 of the State Commission.

2.       The main prayer in the revision petition is for enhancement of the compensation. Both the fora have given a concurrent finding of deficiency of service on the part of the respondent.  The District Forum granted a compensation of Rs.10,000/- alongwith litigation cost of Rs.3,000/-.  The State Commission in appeal, enhanced a compensation of Rs.25,000/-. The prayer of the petitioner herein is for enhancing the compensation to Rs.4,20,000/- on account of the loss of crops.

3.       We have carefully gone through the orders of State Commission as well as District Forum, no law point has been raised for challenging the order of the State Commission.  Both the fora below have given a well-reasoned order.  As was held by the Hon’ble Supreme Court in Rubi Chandra Dutta Vs. United India Insurance Co. Ltd. [(2011) 11 SCC 269] that the scope in a Revision Petition is limited. Such powers can be exercised only if there is some prima facie jurisdictional error appearing in the impugned order. “The revisional jurisdiction of the National Commission under Section 21(b) of the said Act is extremely limited. It should be exercised only in case as contemplated within the parameters specified in the said provision, namely when it appears to the National Commission that the State Commission had exercised a jurisdiction not vested in it by law, or had failed to exercise jurisdiction so vested, or had acted in the exercise of its jurisdiction illegally or with material irregularity.”   

4.       We find no infirmity or material irregularity or jurisdictional error in the order of the State Commission. Hence, the same is upheld. Accordingly, the present Revision Petition is dismissed.

 
................................................
DR. INDER JIT SINGH
PRESIDING MEMBER

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