CONSUMER DISPUTES REDRESSAL COMMISSION

MAHARASHTRA STATE, MUMBAI



FIRST APPEAL NO.1395 OF 2008 Date of filing : 24/10/2008

IN CONSUMER COMPLAINT NO.154/2007 Date of order : 06/05/2009

ADDITIONAL DISTRICT CONSUMER FORUM, PUNE

@ MISC.APPLICATION NOs.1958& 1959/2008



Maharashtra State Electricity Distribution Co.Ltd.

(Through its Executive Engineer)

1. Jr.Engineer, Sub division Nirgudsur

Maharashtra State Electricity Distribution Co.Ltd.

Taluka Ambegaon, District Pune

2. Assistant Engineer, Manchar sub division

Maharashtra State Electricity Distribution Co.Ltd.

Taluka Ambegaon, District Pune

3. Chief Engineer

Maharashtra State Electricity Distribution Co.Ltd.

Rasta peth, Pune 411 011 ………..Appellants/org.O.Ps

v/s.

1. Smt.Pramila Popat Date

2.Shri Pravin Popat Date

both R/o.K 304, Bharti Vihar

Katraj, Pune 411 046 ………Respondents/org.complainants



Corum: Shri S.R.Khanzode, Hon’ble Presiding Judicial Member

Smt.S.P.Lale, Hon’ble Member



Present : Mr.A.E.Deshmukh-Advocate for the appellants.

Mr.U.B.Wavikar-Advocate for the respondents

O R A L O R D E R

Per Shri S.R.Khanzode, Hon’ble Presiding Judicial Member

1. This appeal arise out of order/award dated 29/3/2008 passed in consumer complaint no.154/2007 Smt.Pramila Popat Date and another v/s. Maharashtra State Electricity Distribution Co.Ltd. passed by Additional District Consumer Forum, Pune (‘Forum below’ in short).

2. In the instant case alleging deficiency in service on the part of appellant/org.O.P. complaint was filed. Damage to standing sugarcane crop of the complainants was caused due to sparking caused due to overhead wires. Consumer complaint was filed and Forum below was pleased to award compensation of Rs.1 lakh. Feeling aggrieved thereby, this appeal is preferred by original O.P.

3. There is delay of 178 days in filing the appeal. Therefore misc.application no.1958/08 is filed for condonation of delay.

4. Appeal is admitted and heard forthwith. Heard Mr.A.E.Deshmukh-Advocate for the appellants. Mr.U.B.Wavikar-Advocate for the respondents. Perused the papers.

5. In the instant case, it is alleged on behalf of the appellant that they came to know about impugned order only after they received copy thereof. Shocked by the award passed ex-parte against them, they made an enquiry about lapses as to why there was no appearance on their behalf in the Forum below and they were shocked to know that their lawyer is at fault. The delay is attributed in the routine cause of administrative delay to take the decision. Reasons may not be that satisfactory. However, looking to the overall circumstances it being unintentional, that for lapses of a lawyer party should not be allowed to suffer, and considering the totality of the circumstances including the merit of the matter, we are inclined to condone the delay, of course, subject to costs. We accordingly allow Misc.application no.1958/2008 and condone the delay subject to payment of cost of Rs.5000/- to be paid to respondents.

6. Since the matter was heard ex-parte and allegations are made against the Advocate, who was entrusted to appear on behalf of the appellant before the Forum below, in the larger interest of justice, we find it proper to remand the matter for just decision in the case for settlement of the dispute. We hold accordingly and pass following order:-

ORDER

1. Misc.application no. 1958/2008 for condonation of delay is allowed subject to payment of cost of Rs.5000/- to be paid to respondents.

2. Appeal is allowed.

3. Impugned order/award dated 29/3/2008 is set aside.

4. Matter is remitted back to the Forum below with a direction to give opportunity to both the sides to file written statement /rejoinder and to lead evidence under section 13(4) of Consumer Protection Act, 1986 and hear the matter afresh and decide according to law.

5. Appellant to bear their own cost and pay cost of Rs.5000/- to the respondents.

6. Amount of Rs.25,000/- deposited by the appellant be paid to the appellants after adjusting the payment of costs to be made to the respondents herein on both the counts.

7. Misc.application for stay stands disposed of.

8. Copies of the order be furnished to the parties.





(S.P.Lale) (S.R.Khanzode)

Member Presiding Judicial Member