ORAL
STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
UTTAR PRADESH, LUCKNOW
APPEAL NO. 1271 OF 2023
(Against the judgment/order dated 26-05-2023 in Complaint Case No.
No. 79/2021 of the District Consumer Commission-I, Moradabad)
- Superintending Engineer
EUDC 33/11/KV
Electricity Sub Station
Peelee Kothi, Company Bagh
Moradabad
- Executive Engineer
Electricity Urban Distribution Division-III
Moradabad
...Appellant
V/s
Navneet Rastogi
S/o Late Sri Ram Avtar Rastogi
R/o Dill Wali Gali, Mandi Chowk
Thana Mughal Pura
District Moradabad
...Respondent
BEFORE:
HON'BLE MR. JUSTICE ASHOK KUMAR, PRESIDENT
For the Appellant : Sri Isar Husain, Advocate.
For the Respondent :
Dated : 23-11-2023
JUDGMENT
MR. JUSTICE ASHOK KUMAR, PRESIDENT
Present appeal has been filed under Section-41 of the Consumer Protection Act 2019 against judgment and order dated 26-05-2023 passed by District Consumer Commission-I, Moradabad in Complaint Case No. 79/2021 Navneet Rastogi V/s Superintending Engineer, EUDC, Moradabad and another whereby the District Consumer Commission has allowed complaint and passed the following order:-
“परिवादी का परिवाद स्वीकार किया जाता है। विपक्षीगण को आदेशित किया जाता है कि निर्णय की तिथि से एक माह के अन्दर परिवादी का विद्युत कनेक्शन संख्या 333477 बुक संख्या 2692 को संचालित करे, परिवादी विपक्षीगण से अकंन 10,000/-रूपये परिवाद व्यय भी प्राप्त करने का अधिकारी होगा।“
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Present appeal has been filed on behalf of opposite parties whereas complainant of above complaint is respondent in this appeal.
Learned Counsel for the appellant Sri Isar Husain appeared.
I have heard learned Counsel for the appellant at the admission stage itself and perused the impugned judgment and order passed by the District Consumer Commission as well as records of the case.
It has been contended by learned Counsel for the appellant that the impugned judgment and order passed by District Consumer Commission is absolutely illegal, unjust, arbitrary besides being unreasonable and also lacks application of mind.
It has been argued by the learned Counsel for the appellant that the order under challenge in this appeal is a non speaking order and is against the provisions of the Consumer Protection Act. The complaint is not maintainable under Consumer Protection Act 1986.
It has been further contended by the learned Counsel for the appellant that there is no problem in releasing the connection, but same prayer should have been sought and claimed in the Civil Suit already pending, but the impugned order obtained by the respondent with suppression of material facts.
It is argued by the learned Counsel for the appellant that cost of litigation should not have been imposed by the learned District Consumer Commission on the appellant on the ground that there is no error on the part of the appellant, the real dispute between the brothers of the respondent pertaining to ownership of shop, admittedly they are co shares of the shop.
I have considered the submission made by learned Counsel for the appellant.
Considering all facts and circumstances of the case as well as materials available on record, I am of the view that Rs.10,000/- cost of the case awarded by the District Consumer Commission should be set aside and remaining part of the impugned judgment and order should be upheld. The appellant is directed to restore the connection of the respondent within a period of one month from the date of this judgment.
ORDER
Accordingly the appeal is allowed partially. Rs.10,000/- as cost of the case awarded by the District Consumer Commission is set aside and remaining part of the impugned judgment and order is upheld. The appellant
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is directed to restore the connection of the respondent within a period of one month from the date of this judgment.
If any amount is deposited by the appellant under Section-41 of the Consumer Protection Act 2019 in this appeal shall be remitted to the
District Consumer Commission alongwith interest accrued if any, who shall pass appropriate order in accordance with law.
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 today itself.
( JUSTICE ASHOK KUMAR )
PRESIDENT
Pnt.
