ORAL

                STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                               UTTAR PRADESH, LUCKNOW          

                                  REVISION NO. R/58/2019

                      (Against the order dated 24-04-2019 in Complaint Case No.

                             39/2019 of the District Consumer Forum, Rampur )

     Smt. Shakuntala Gupta

Proprietor Perfect Test House

C-17 Industrial Estate Rampur, U.P.

Through Power of Attorney Holder

Real son Salabh Kumar Gupta

S/o Naresh Kumar Gupta

R/o C-17, Industrial Estate

Rampur, U.P. Pin 244901   

                                                                                      ...Revisionist

                                                     Vs.

Executive Engineer

Vidyut Vitran Khand-I

Paschimanchal Vidyut Vitran Nigam Limited

Near Nahit Cinema

City and District Rampur, U.P.

                                                                                      ...Opposite parties

BEFORE:

HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT

For the Revisionist         :   Mr. Sanjay Kumar Verma, Advocate.

For the Opposite Party   :  

Dated :  28-06-2019

                                                  ORDER

      MR. JUSTICE A. H. KHAN, PRESIDENT 

        Sri Sanjay Kumar Verma, learned Counsel for the revisionist appeared.

        I have heard learned Counsel for the revisionist and perused impugned order dated 24-04-2019 passed by District Consumer Forum, Rampur in Complaint Case No. 39/2019 Smt. Shakuntala Gupta V/s Executive Engineer, Electricity Distribution Division-I whereby the District Consumer Forum has rejected application moved by revisionist for interim relief.

The District Consumer Forum has rejected application for interim relief merely on the ground that the District Consumer Forum is not

:2:

empowered to issue injunction order under Order 39 Rule 2 of Civil Procedure Code.

It is contended by learned Counsel for the revisionist that the District Consumer Forum has failed to exercise jurisdiction conferred on it vide Section 13(3B) of the Consumer Protection Act. Under Section 13(3B) of the Consumer Protection Act the District Consumer Forum has power to pass interim order in appropriate cases.

I have considered the submission made by learned Counsel for the revisionist. Interim order may be passed under Section 13(3B) of the Consumer Protection Act 1986.

The revision petition is disposed of finally with direction to the District Consumer Forum, Rampur to decide interim relief application moved by revisionist/complainant on merit after affording opportunity of hearing to both parties.

It is clarified that the District Consumer Forum shall be at liberty to consider merit of the case as well as maintainability of  complaint under the Consumer Protection Act at the time of passing order on application for interim relief moved under Section 13(3B) of the Consumer Protection Act. The District Consumer Forum shall pass order on application moved under Section 13(3B) by revisionist/complainant expeditiously within one month from the date on which certified copy of this order is produced before District Consumer Forum.

Let copy of this order be made available to the parties positively within 15 days as per rules.

                                                                ( JUSTICE A H KHAN )

                                                                                 PRESIDENT

          Pnt.