Dated:27.09.2022

ORDER

HON’BLE Mr. JUSTICE HULUVADI G RAMESH : PRESIDENT

1. This is an Appeal filed under Section 41 of Consumer Protection Act, 2019 by OP in CC/258/2021 on the file of III Additional District Consumer Disputes Redressal Commission, Bengaluru aggrieved by the order dated 04.07.2022.

2. Commission examined the grounds of appeal and impugned order, thereby found satisfied to dispense with issuance of appeal notice to respondent to avoid further delay.

3. Learned counsel for appellant submits that Commission below failed to appreciate oral and documentary evidence produced by the appellant/OP and held deficiency in service on the part of OP/appellant only, without considering the indiscriminate cutting of cable wire by BBMP. It is to be noted herein that OP/appellant in its version submits that during the period August 2020 and 05^th October 2020 there was interruption in the service due to underground BSNL cable damage during Smart City project work by BBMP in local area and to find support produced three photo prints with regard to the work by BBMP, which was not considered by the Commission below.  In such circumstances, it would be appropriate to remand back the matter to Commission below to direct complainant to implead BBMP as one of the party to the complaint and to examine whether the interruption in service was due to indiscriminate cutting of cable wire by BBMP and decide the dispute between the parties in accordance with law as early as possible not later than three months from the date of receipt of this order.  Accordingly, appeal stands disposed off.

4. Amount in deposit is directed to be transferred to the concerned District Commission for the needful.

5. Send a copy of this Order to the District Commission and parties to the appeal.

  Lady Member                  Judicial Member               President

*GGH*