ORAL

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, UTTAR PRADESH, LUCKNOW

APPEAL NO. 377 OF 2022

(Against the order dated 01-04-2022 in Complaint Case No. 74 of 2015 of the District Consumer Commission, Rampur)

Executive Engineer, Pachimanchal Vidyut Vitran Nigam Ltd., & Another….                                                                         ….Appellants

VERSUS

Chatrapal, Viklang, Son of Deep Chand….                 .…Respondent

BEFORE:

HON’BLE MR. JUSTICE ASHOK KUMAR, PRESIDENT

For the Appellant           : Sri Isar Husain, Advocate

For the Respondent        :

Dated : 07-08-2023

JUDGMENT

MR. JUSTICE ASHOK KUMAR, PRESIDENT

The instant appeal is filed against the judgment and order dated 01-04-2022 passed by the Learned District Consumer Commission, Rampur in Complaint Case No. 74 of 2015 by which the complaint has been allowed against the opposite parties.

Heard Sri Isar Husain, learned Counsel for the appellants and perused the record.

The submission of the learned Counsel for the appellants is that the Learned District Consumer Commission, while allowing the complaint filed by the respondent/complainant, has illegally imposed the penalty to the tune of Rs. 5,000/-.

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I have gone through the judgment of the Learned District Consumer Commission and according to the finding recorded by the Learned District Consumer Commission, I do not find any error nor any error pointed by the learned counsel for the appellant in the impugned judgment and order except the penalty imposed by the Learned District Consumer Commission upon the appellant to the tune of Rs. 5,000/-, which in my opinion is arbitrary. Accordingly, the appeal is allowed in part and the penalty imposed is set-aside.

O R D E R

The appeal is allowed in part. The imposition of penalty of  Rs. 5,000/- is hereby set-aside. Rest of the order of the Learned District Consumer Commission is upheld.

If any amount is deposited by the appellant in appeal shall be remitted to District Consumer Commission, Rampur alongwith interest accrued for disposal in accordance with this judgment

Let copy of this order be made available to the parties as per rules.

The Stenographer is requested to upload this order on the website of this Commission at the earliest. 

                                (Justice Ashok Kumar)                                     

                                   President                                                         

Ashish

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