RESERVED
STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
UTTAR PRADESH, LUCKNOW
REVISION NO. 96 OF 2015
(Against the order dated 15-05-2015 in Complaint Case
No. 24/2015 of the District Consumer Forum, Ambedkar Nagar)
Executive Engineer
Electricity Distribution Division
Madhyanchal Vidyut Vitran Nigam Ltd.
Akbarpur, Ambedkar Nagar
...Revisionist
V/s
- Zulfiqar Abbas
S/o Sri Israr Husain
R/o Village Sijhauli
Post Shahzadpur
Pargana and Tahsil Akbarpur
District Ambedkar Nagar
- Collector, Ambedkar Nagar.
- Tehsildar, Akbarpur.
...Opposite Parties
BEFORE:
HON'BLE MR. JUSTICE AKHTAR HUAIN KHAN, PRESIDENT
HON'BLE MRS. BAL KUMARI, MEMBER
For the Revisionist : Mr. Isar Husain, Advocate.
For the Opposite Party : Mr. S K Verma, Advocate.
Dated : 07-09-2016
JUDGMENT
PER MR. JUSTICE AKHTAR HUSAIN KHAN, PRESIDENT
Present revision has been filed under Section-17(1)(b) of the Consumer Protection Act 1986 against order dated 15-05-2015 passed by District Consumer Forum, Ambedkar Nagar in Complaint Case No.24/2015 Zulfiqar Abbas V/s Executive Engineer, Electricity Distribution Division, Madhyanchal Vidyut Vitran Nigam Limited and others.
Sri Isar Husain, learned Counsel for the revisionist appeared.
Sri S K Verma, learned Counsel for the opposite party appeared.
We have heard learned Counsel for the parties and perused impugned
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order as well as records.
It has been contended by learned Counsel for the revisionist that impugned order passed by the District Consumer Forum is against law and without jurisdiction.
It has been contended by learned Counsel for the revisionist that the complaint is not maintainable before the District Consumer Forum under the Consumer Protection Act 1986.
Learned Counsel for the opposite party has opposed revision.
It has been contended by learned Counsel for the opposite party that impugned order passed by District Consumer Forum is in accordance with provision of Section 13(3B) of the Consumer Protection Act 1986.
We have considered the submissions made by learned Counsel for the parties.
Vide impugned order dated 15-05-2015 the District Consumer Forum has directed to continue the electric connection of complainant of said complaint and to provide new meter subject to condition that complainant shall deposit Rs.25,000/- per month against electric dues till his objection against electric bill is not decided by the District Consumer Forum.
Sub-section (3B) of Section-13 of the Consumer Protection Act 1986 reads as follows:-
‘where during the pendency of any proceeding before District Forum, it appears to it necessary, it may pass such interim order as is just and proper in the facts and circumstances of the case’.
Impugned order has been passed in exercise of jurisdiction conferred on District Consumer Forum under above sub-section (3B) of Section-13 of the Consumer Protection Act 1986.
After having considered all aspects of the case and provision of sub-section (3B) of Section-13 of the Consumer Protection Act 1986, there appears no illegality or irregularity in the impugned order passed by District Consumer Forum. The revision is dismissed with liberty to the revisionist to raise objection regarding maintainability of the complaint under the Consumer Protection Act 1986 and the District Consumer Forum is directed
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to pass appropriate order positively within two months from the date of appearance fixed by this Commission.
The parties shall appear before the District Consumer Forum on 03-10-2016.
Let copy of this order be made available to the parties within 15 days positively as per rules
( JUSTICE A H KHAN )
PRESIDENT
( SMT. BAL KUMARI )
MEMBER
Pnt.
