HARYANA STATE CONSUMER DISPUTES
REDRESSAL COMMISSION, CHANDIGARH
Hon’ble Mr. Justice S.S. Sandhawalia, President;
Mr. S. Kulwant Singh, Member
H.S.E.B & OTHERS—Petitioners
versus
PIRTHI SINGH—Respondent
And
PIRTHI SINGH—Petitioners
versus
H.S.E.B. & OTHERS—Respondents
Revision Petitions No. 1 & 2 of 1993—Decided on 21.4.1993
(ii) Consumer Protection Act, 1986 - Section 27 - A total compliance with the substantive order of the redressal agency would be an extenuating factor for modifying the penal order passed - Primal premise underlying Section 27 is the expeditious compliance of the orders of redressal agencies and not the creation of an offence - Petitioner S.D.O. sentenced imprisonment for one year in the eventuality of Don compliance of order - Order com plied with soon after imprisonment order passed. Order of imprisonment modified to sentence already undergone.
Result: Petitions disposed of accordingly.
IMPORTANT POINTS
1. It is primary duty of Redress a/ agency to get compliance of their order by having resort to section 27 of the Consumer Protection Act and such action cannot be challenged on the ground that order ought to have been got executed u/s. 25 of the Act.
2. A total compliance with the substantive order of the redressal agency would, be an extenuating factor for modifying the penal order passed.
Mr. Justice S.S. Sandhawalia, President—The true purpose and scope of Section 27 of the Act is the crucial issue herein. The ancillary question is whether total compliance with the substantive order of the redressal agency would be an extenuating factor for modifying the rigour of a penal order passed under Section 27 of the Act. These significant issues arise out of this set of two connected revision petitions directed against the same order of the District Forum.
2. The facts are not in serious dispute. Pirthi Singh had preferred a complaint before the District Forum, Kaithal on the 6th of June, 1992 against the petitioner Haryana Electricity Board (here in after called the Board). The said complaint was allowed on the 30th of September, 1992 with the direction that the Board through its Sub Divisional Officer, Pundri shall release the electric connection to the tubewell of the complainant against the earlier test reports within three weeks of the order. Both the Board and the complainant preferred separate First Appeals Nos. 346 of 1992 and 352 of 1992, respectively against the said order. This Commission by its order dated the 15th of December, 1992, rejected the First Appeal No. 346 of 1992 with costs whilst allowing the complainant’s First Appeal No. 352 of 1992 & awarded compensation to the tune of Rs. 10,000/- only as additional relief. If was in terms directed that the order shall be complied with within one month from the date of its pronouncement on pain of enforcement under Section 27 of the Act.
3. The Board did not choose to comply with the order aforesaid within the prescribed time till the 15th January, 1993. Pirthi Singh, complainant consequently preferred an application under Section 27 of the Act before the District Forum for necessary action. On notice being issued to the Board and its officials namely the Executive Engineer, Pundri and S.D.O., Pundri an assurance was given on the 16th of February, 1993. On that date an undertaking to comply with the order by the 18th of February, 1993 was categorically given. However, when the matter came up before the District Forum on the said date, the a foresaid two officials merely chose to make a submission before the forum enumerating some lane excuses for not energising the tubewell of the complainant takingshelter on the ground that an appeal had been preferred before the National Commission though admittedly the same had not even come up for motion hearing nor any stay order had been granted. It was also stated that the Board was proposing only as yet to deposit the amount of compensation on certain terms and conditions.
4. The District Forum came to the firm conclusion that the substantive order stood affirmed and, further the orders of this Commission were patently not being complied with despite mandatory directions and express opportunities given therefor. It was noticed that the mere preferring of an appeal/revision before the National Commission would not absolve the Board or its officials from complying with the orders in the absence of any stay of the same. Consequently the District Forum proceeded to punish the S.D.O. of the Board namely Shri Suresh Bansal to undergo imprisonment for a period of one year and to pay a fine of Rs. 2,000/- or in default to undergo R.I. for two months more. Aggrieved thereby Revision Petition No. 1 of 1993 has been preferred by the Board as also its Executive Engineer and the Sub Divisional Officer. On the other hand, Pirthi Singh has preferred Revision Petition No. 2of 1993 seeking that penal action against Shri T.C. Gupta, Executive Engineer may also be taken and his implicit exoneration by the District Forum be set-aside.
5. It would appear that in pursuance of the order of the District Forum under revision Shri Suresh Bansal, afore-mentioned was taken into custody to undergo the imposed imprisonment. This seems to have at once quickened the pace of compliance with the substantive order earlier of the District Forum as u
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