STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                                   UTTAR PRADESH, LUCKNOW

                                     APPEAL NO. 1144 OF 2015

           (Against the judgment/order dated 13-05-2015 in Complaint Case

                 No.125/2014 of the District Consumer Forum, Bulandshahr)

Nareshpal Yadav, S/o Sri Kalyan Singh

R/o Gram Isapur

Pargana & Tehsil Sikandarabad

District Bulandshahr

Presently resident at 10/8, Shastri Nagar

Meerut 

                                                                                                         ...Appellant

                                                             Vs.

Paschimanchal Vidyut Vitran Nigam Limited

Electricity Supply Division-I

Through its Executive Engineer

Bulandshahr

                                                                                              ...Respondents

BEFORE:

HON'BLE MR. JUSTICE VIRENDRA SINGH, PRESIDENT

HON’BLE MRS. BAL KUMARI, MEMBER

For the Appellant        :       Sri Sarvesh Kumar Sharma, Advocate.

For the Respondent     :       Sri Isar Husain, Advocate.

Dated : 16-12-2015

                                                  JUDGMENT

          MR. JUSTICE VIRENDRA SINGH, PRESIDENT (ORAL)

This appeal has been filed on behalf of the appellant/complainant against the judgment and order dated 13-05-2015 passed by the District Consumer Forum, Bulandshahr in Complaint Case No.125/2014 Nareshpal Yadav V/s Paschimanchal Vidyut Vitran Nigam Limited whereby the complaint of the complainant has been dismissed by the District Consumer Forum saying thereby that there shall be needed various evidence in the complaint on the facts of the loss of the crop occurred to the complainant due to fire alleged to have been occurred by the electricity.

We have heard both the parties and perused the record and we are convinced that the impugned judgment and order is liable to be set aside as we have found it erroneous saying thereby that the District Consumer Forum is not competent to hear the case where the factum of receipt of various evidence is involved as is the law laid down by Hon’ble Supreme Court in the case of

:2:

CCI Chambers Coop. Hsg. Society Ltd. V. Development Credit Bank Ltd., (2003) 7 SCC 233 page 236. The Hon’ble Apex Court has held that:

“It cannot be denied that fora at the national level, the State level and at the district level have been constituted under the Act with the avowed object of providing summary and speedy remedy in conformity with the principles of natural justice, taking care of such grievances as are amenable to the jurisdiction of the fora established under the Act. These fora have been established and conferred with the jurisdiction in addition to the conventional courts. The principal object sought to be achieved by establishing such fora is to relieve the conventional courts of their burden which is ever-increasing with the mounting arrears and whereat the disposal is delayed because of the complicated and detailed procedure which at times is accompanied by technicalities. Merely because recording of evidence is required, or some questions of fact and law arise which would need to be investigated and determined, cannot be a ground for shutting the doors of any forum under the Act to the person aggrieved.”

 Hence we do find it expedient that this case be remanded to the District Consumer Forum for hearing afresh and to decide on the evidence to be led by both the partier after affording them proper opportunities by the District Consumer Forum.

                                     ORDER

The aforesaid appeal is hereby allowed. The impugned judgment and order is hereby set aside. The District Consumer Forum is directed to hear the complaint case afresh after affording opportunity to both the parties to adduce evidence and to decide the facts of the case on the basis of the evidence to be adduced by both the parties. Let the complaint case be decided within three months after receipt of this order by the District Consumer.

Let copy of this order be sent to the District Consumer Forum accordingly. 

                                                                ( JUSTICE VIRENDRA SINGH )

                                                                                                 PRESIDENT

                                                                                ( SMT. BAL KUMARI )

                                                                                                     MEMBER

Pnt.

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