State Consumer Disputes Redressal Commission

U.P., Lucknow.

Appeal No. 1971 of 2016

1- Dakshinanchal Vidyut Vitran Nigam Limited, Auriya

    through Adhishashi Abhiyanta, Dakshinanchal Vidyut

    Vitran Nigam Limited, Vidyut Vitran Khand, Auriya.

 2- Adhishashi Abhiyanta, Dakshinanchal Vidyut

    Vitran Nigam Limited, Vidyut Vitran Khand,

    Auriya, District Auriya.                                ….Appellants. 

Versus

1- Itlesh w/o late Fateh Singh

2- Amit, minor s/o Late Fateh Singh through

    Its guardian mother Itlesh w/o Late Fateh Singh

3- Km. Babli, Minor        {All daughters of Late Fateh Singh

4- Km. Babita, Minor      {through their guardian mother

5- Km. Shivani, Minor    {Itlesh Singh s/o Late Fateh Singh 

6- Sahayak Nideshak, Vidyut Suraksha, Uttar Pradesh

    Shasan, Itawah, District, Itawah.               ….Respondents.

Present:-

Hon’ble Justice Mr. Akhtar Husain Khan, President.

Mr. Manoj Kumar holding brief of

Mr. Deepak Mehrotra for appellants.

Mr. Umesh Kumar Sharma for respondents.

Date: 31.10.2019

JUDGMENT

          This is an appeal filed before this State Commission under section 15 of the Consumer Protection Act, 1986 against judgment and order dated 3.12.2015 passed by District Consumer Forum, Auriya in complaint no.73 of 2015, Dakshinanchal Vidyut Vitran Nigam Ltd. & 2 others vs. Itlesh & 4 others, whereby District Consumer Forum has allowed complaint and passed order in Hindi which is extracted below:-

“परिवाद विपक्षी संख्‍या एक व दो के विरूद्ध 7,00,000/- रू0 की बसूली हेतु स्‍वीकार किया जाता है। इस धनराशि पर वाद योजन की तिथि से वास्‍तविक भुगतान की तिथि तक 7 प्रतिशत वार्षिक साधारण ब्‍याज भी देना होगा। विपक्षी संख्‍या एक व दो को आदेशित किया जाता है कि उपरोक्‍तानुसार धनराशि निर्णय के एक माह में परिवादीगण को अदा करें।”

Feeling aggrieved by order passed by District Consumer Forum opposite parties no.1 & 2 of complaint have filed this appeal.

(2)

          Ld. Counsel Mr. Manoj Kumar holding brief of Mr. Deepak Mehrotra appeared for appellants.

Ld. Counsel Mr. Umesh Kumar Sharma appeared for respondents.

          I have heard ld. Counsel for the parties and perused impugned judgment and order as well as records.

          I have perused written argument filed in the shape of objection by respondents no.1 to 5.

          Relevant facts for determination of appeal are that the respondents/complainants have filed complaint before District Consumer Forum, Aurraiya against appellants and respondent no.6, wherein it has been stated that Fateh Singh husband of respondent no.1 and father of respondents no.2 to 5 died on 18.10.2013 due to electrocution by electric wire fell down in his field. The deceased Fateh Singh was the bread earner of the family.

          Perusal of impugned judgment passed by District Forum  shows that appellants who are opposite parties no.1 & 2 of complaint did not turn out before District Forum and did not file written statement. Consequently, complaint was proceeded exparte against them. Only respondent no.6 who is opposite party no.3 of complaint has filed written statement before District Forum wherein it has been stated that incident of  electrocution of Fateh Singh is the result of negligence committed by electricity department.

          After having gone through pleadings of the parties as well as evidence on record, District Consumer Forum has  allowed complaint and passed  above order against appellants who are opposite parties no.1 & 2 of complaint.  

(3)

It is contended by ld. Counsel for appellants that impugned judgment and order is against law and without jurisdiction. Complaint is not maintainable before the District Consumer Forum under the Consumer Protection Act.

          It is further contended by ld. Counsel for appellants that appellants have received no notice of complaint, therefore, they could not appear before District Consumer Forum. The District Consumer Forum has passed impugned order without affording opportunity of hearing to appellants.

          Ld. Counsel for respondents no.1 to 5 opposed appeal and contended that impugned judgment and order passed by District Forum is in accordance with law and evidence. Respondent no.6 who is opposite party no.3 in complaint has admitted negligence of appellants.

          Ld. Counsel for respondents no.1 to 5 has further submitted that the appellants did not appear before District Forum despite sufficient service of notice. Therefore, District Forum has not committed any illegality in proceeding exparte against appellants.

          I have considered the submissions made by ld. Counsel for parties.

          Indisputably, impugned judgment and order has been passed exparte against appellants in their absence.  Ld. Counsel for appellants has raised important legal issues in his argument. It appears just that appellants should be given opportunity of filing written statement before District Forum. Thereafter, District Consumer Forum should pass fresh judgment and order after proper opportunity of evidence and hearing to both parties.

          Appellants did not turn out before District Consumer

(4)

Forum despite sufficient service. Therefore, it appears just that appellants should pay cost of Rs.20,000.00 to respondents/complainants.

In view of above, appeal  is allowed.

Impugned judgment and order passed by District Forum is set aside on payment of Rs.20,000.00 as cost to respondents no.1 to 5 by appellants and complaint is remanded back to District Consumer Forum with direction that District Consumer Forum shall restore complaint on its original number and shall give opportunity for filing written statement to appellants. Thereafter, District Consumer Forum shall pass fresh judgment and order in accordance with law after affording opportunity of evidence and hearing to both parties.

 Parties shall appear before District Consumer Forum on 20.12.2019. District Consumer Forum shall give opportunity to appellants to file written statement within 30 days from the date fixed subject to condition that no further time shall be given again for filing written statement. Thereafter, District Consumer Forum shall proceed further to pass fresh judgment and order in accordance with law after affording opportunity of evidence and hearing to both parties.

Above cost of Rs.20,000.00 shall be paid to respondents no.1 to 5 from the amount deposited by appellants under section 15  of the Consumer Protection Act in this appeal. Thereafter, balance amount alongwith interest accrued on the whole amount deposited shall be refunded to appellants.

(Justice Akhtar Husain Khan)       

                                                              President                            

Jafri PA II

Court No.1