H.P.STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
SHIMLA-9.

F.A. No. 356 of 2008

Decided on 25.6.2009.



1. H.P.S.E.B through its

Chief Engineer, (OP) H.P.S.E.B.,

Dharamshala, District Kangra, H.P.



2. Executive Engineer, H.P.S.E.B.,

Divisional Office-Kangra,

Tehsil & District Kangra, H.P.



3. Assistant Engineer, H.P.S.E.B.,

S.D.O.-Baroh, District Kangra, (H.P).

.....Appellants.

Versus



Shanti Swaroop, son of Sh. Bishan Dass,

R/o Village Radh, P.O. Samloti,

Tehsil & District Kangra, H.P.

….Respondent.

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Hon’ble Mr. Justice Arun Kumar Goel (Retd.), President.

Hon’ble Mrs. Saroj Sharma, Member.

Hon’ble Mr. Chander Shekher Sharma, Member.



Whether approved for reporting ?



For the Appellants. Mr. Shashi Bhushan Singh Chandel,

Advocate.



For the Respondent. Mrs. Suvarata, Advocate vice

Mr. Vivek Singh Thakur, Advocate

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ORDER



Justice Arun Kumar Goel (Retd.) President.


1. We have heard learned counsel for the appellants and also examined the record of this case. Mr. Chandel, learned counsel on behalf of the appellants while criticizing the order passed by District Forum below in Consumer Complaint No. 201/2006 dated 3.10.2008, forcefully urged that the complaint was barred by time and it was filed after the meter had been installed. As such there was no subsisting grievance available in favour of the respondent against his clients.



2. Alternatively and without conceading, he submitted that if both his submissions do not find favour, then the compensation assessed in the peculiar circumstances of this case is on exremely higher side, and also the grant of interest on it @ 7% per annum from the date of filing of the complaint till the date of its payment can never be justified in any circumstances whatsoever. Further according to him cost assessed is also on higher side.



3. After having examined the record of the complaint file, as also after considering the respective submissions, we are of the view that only relief to which the appellants are entitled in the circumstances of the case is, against the grant of interest on the compensation. Interest is compensatory in nature for the loss sustained. Though learned counsel for the respondent submitted that his client is entitled to interest as awarded by the District Forum below and the plea to the contrary raised on behalf of the appellants needs to be rejected according to him. He also prayed for upholding the impugned order in its entirety.



4. So far the submissions forcefully urged by Mr. Chandel in support of this appeal about the quantum of compensation and complaint being time barred is concerned, we are not going into the merits of those, keeping in view the paltry sum awarded by the District Forum below.



5. Keeping in view all the facts and circumstances of this case, we are of the view that the contention of Sh. Chandel, learned counsel for the appellants relating to wrongful grant of interest @ 7% per annum on the amount of compensation of Rs. 10,000/- needs to be upheld. Though learned counsel for the respondent submitted that it calls for no interference. We do not agree with her while upholding the submission of Sh. Chandel.



6. In the light of the above circumstances as also keeping in view the paltry sum of compensation awarded by the District Forum below together with cost, we uphold the same and set aside the grant of interest, without going into the merits of other contentions of Sh. Chandel. Impugned order is modified accordingly while disposing of this appeal. It is clarified that this order will not be a precedent for other cases since we have not examined the merits of the case.



7. All interim orders passed from time shall stand vacated forthwith.



8. Learned counsel for the parties have undertaken to collect copy of this order free of cost from the Court Secretary as per Rules.





(Justice Arun Kumar Goel)Retd.

President





(Saroj Sharma)

Member





(Chander Shekher Sharma)

Member