S.S.SANDHAWALIA, BASANTI DEVI, TIKKA SINGH
EXECUTIVE ENGINEER,OPERATION, H. S. E. B. , HISSAR – Appellant
Versus
CHANDER BHAN – Respondent
Mr. Justice S.S. Sandhawalia, President—Whether a lis under the Consumer Protection Act, 1986, pertaining to services hired, can be decided merely on the basis of the complaint and the controverting counter-version thereto alone? This is the focal threshold question in this appeal.
2. The relevant facts lie in a narrow compass, but deserve notice in some detail. Dr. Chander Bhan respondent had preferred a somewhat brief single page complaint, giving rise to this appeal, before the District Forum at Hisar on the 23rd May, 1990. Therein it was alleged that the complainant was constructing a house on plot No. 462, Sector 15-A, Hisar, wherein for the supply of electricity a domestic meter No. HB-526 was installed, for which payment on the basis of average bill from January, 1990 onwards was duly made. However, on the 9th May, 1990 a case under Section 379 of the Indian Penal Code and under Section 39 of the Electricity Act was registered against him by the police at the instance of the Electricity Department for stealing electric energy through bypassing the installed meter. Further a notice-cum-bill amounting to Rs. 3961.50 was issued against the complainant, and, apparently, the
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