Haryana

StateCommission

A/263/2016

TARA CHAND - Complainant(s)

Versus

UHBVNL - Opp.Party(s)

DEEPAK VERMA

25 Apr 2016

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

 

First Appeal No.263 of 2016

Date of Institution:28.03.2016

Date of decision:25.04.2016

 

Tara Chand S/o Sh.Raghunath, R/o Housing Board Colony, Kaithal, District Kaithal.

…Appellant

Versus

 

1. Sub Divisional Officer, ‘OP’ Division No.2, Uttari Haryana Bijli  Vitran Nigam, Kaithal.
2. X.E.N., ‘OP’ Division Uttari Haryana Bijli Vitran Nigam, Kaithal.
3. Uttari Haryana Bijli Vitran Nigam, Shakti Bhawan, Sector-6, Panchkula through its Secretary.

….. Respondents

CORAM:   Mr. R.K.Bishnoi, Judicial Member.
                   Mrs. Urvashi Agnihotri, Member.

 

Present:-    Mr.Deepak Verma, Advocate for the appellant.

 

                                      O R D E R

 

R.K.BISHNOI, JUDICIAL MEMBER:

 

          In the present case it is alleged by the complainant that he received notice dated 04.02.2015 from the O.Ps. regarding deposit of Rs.83397/-.  Instead of sending reply of that notice he straight way filed this complaint.  Had he filed reply in pursuance to the notice issued by the respondents they might have accepted the same.  Issuance of notice is an opportunity afforded to the other party for explanation and not a final decision.  Issuance of show cause notice does not give a right to a person to initiate the proceedings. When final action is taken there after a complaint can be filed. So in these circumstances there is no reason to set aside the impugned order dated 25.02.2016 and the appeal is hereby dismissed.  He should send reply of the notice to the respondents and if the same is not accepted then he may file a fresh complaint before the competent District Forum.  Benefit of limitation be granted as per opinion of Hon’ble Supreme Court expressed in Laxmi Engineering works Vs. P.S.G.Industrial Institute, 2 CPC 1995 (2).

 

April 25th, , 2016	Urvashi Agnihotri Member Addl.Bench		R.K.Bishnoi, Judicial Member Addl.Bench
S.K