SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

V.S.KOKJE, M.L.TIWARI
DIRECTOR, GRAMIN VIDYUT SAHAKARI SAMITI – Appellant
Versus
TEJMANI PANDEY – Respondent


Advocates:
Counsel for the Parties :
For the Appellant :Mr. S.K. Gupta, Advocate.
For the Respondent:Mr. K.P. Dwivedi, Advocate.

ORDER

Mr. M.L. Tiwari, Member—The Director, Gramin Vidyut Sahakari Samiti, Amarpatan, Dist. Sattna being aggrieved by the order passed by the District Forum, Satna in Case No. 23/91 on 26.4.93 had preferred this appeal.

The points for decision in this appeal are:

(1) Whether it was lawful for the District Forum to issue mandatory injunction to reconnect the electric connection?

(2) Whether the District Forum was correct in awarding Rs. 5,000/- as damages ?

2. Reasons for finding on point No. 1 — Under the scheme of the Act i.e. the Consumer Protection Act, 1986 there is no provision for issuing prohibitory orders on restraining M.P.E.B. not to disconnect the connection. The order passed by the District Forum dated 26.4.93 is quite contrary to the provisions of this Act, hence it is decided that the order was bad, ab-initio.

3. The question of proceeding under order 39 Rule 4 of the Civil Procedure Code on 20.7.92 was wholly illegal because the provisions of Order 39 of the Civil Procedure Code are not applicable to the Consumer Protection Act, 1986. The observation of the District Forum dated 7.9.92 in the order sheet that the Forum has inherent powers to issue such prohibitory orders









Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top