IMPORTANT POINT
Consumer Forum cannot entertain statutory appeal which is to be entertained by Assessing Officer.

P.K. Chattopadhyay, Member—This revision application is directed against the orders date 22.9.2009 and 2.12.2009 respectively passed by the learned District Forum, Birbhum in CF Case No. CC/51/O/2009, where the complainant Mr. Vivekananda Ghosal, filed the complaint case under Section 12 of the Consumer Protection Act, 1986 alleging deficiency in service on the OPs namely WBSEDCL, represented by Station Manager, WBSEDCL, Md. Bazar, Gr. E/S, P.O. and P.S. Md. Bazar, Dist. Birbhum, relating to his existing power connection and subsequent disconnection thereof along with an application under Section 13(3B) of the Consumer Protection Act for an ad interim order directing the OPs for restoration of the electric connection. On 22.9.2009 the learned Forum below in course of admission hearing fixed the date for S/R on 23.10.2009 and proceeded to pass an interim order under Section 13(3B) of Consumer Protection Act on the application of the complainant directing the OPs as under:

“Hence, it is ordered the petition filed under Section 13(3B) of C.P. Act, 1986 is admitted. This learned Forum orders the OP, WBSEDCL, represented by Station Manager, WBSEDCL, Md. Bazar, Dist. Birbhum to restore the electricity connection of petitioner within 24.9.2009.”

2. On 2.12.2009 after both parties entered appearance the learned Forum below passed further orders as under:

“In our view the petition dated 23.10.2009 filed by the OP/ WBSEDCL praying for vacating/setting aside the impugned order should be taken up first for disposal and thereafter the petition dated 15.10.2009 under Section 25 read with Section 27 of C.P. Act filed by the petitioner should be taken into consideration. We do not want to go on the controversy at the present moment whether the impugned order was passed rightly or wrongly. But the fact remains the impugned order has been passed with a direction upon the OP/WBSEDCL, Md. Bazar to restore electricity connection of the petitioner within 24.9.2009 and admittedly that has not been complied with learned Lawyer of the OP has submitted before the Forum that behind the back of the OP the impugned order has been passed in the mandatory form, by which according to the learned Lawyer for the OP, the petitioner has got his desired result permanently and the OP was not given opportunity of being heard. Be it mentioned here that even after the impugned order dated 22.9.2009 was passed and a considerable time elapsed, the OP did not move any higher Forum. But that itself does not debar the OP very moving the Forum again for getting any remedy. The law in this regard is that if this Forum desires to modify/vacate/set aside the impugned order dated 22.9.2009 that would be tantamount to sitting over its own order as an appellate Forum. In our view, until and unless the impugned order dated 22.9.2009 is modified/set aside/vacated by the upper Forum this Forum has no other alternative way but to obey its order dated 22.9.2009. There is no provision within the four corners of the C.P. Act to review its own order or to modify the same. Again we are not oblivious of the position that until and unless the impugned order is set aside by upper Forum it will remain in force. For this reason we do not find good wind in the sail of argument as has been advanced by the learned lawyer by the OP so as to modify/set aside/vacate the impugned order dated 22.9.2009. The petition dated 23.10.2009 filed by the OP, therefore, deserves to be rejected. Hence, ordered that the petition dated 23.10.2009 filed by the OP is hereby rejected on contest without any order as to cost.

We feel that the petition under Section 25 read with Section 27 of the CP Act filed by the petitioner should be heard on another date. Accordingly a short date is fixed for hearing the petition dated 15.10.2009 filed by the petitioner. So fix 14.12.2009 for hearing the petition dated 15.10.2009 filed by the petitioner. Written objection if any, be submitted by the OP as against the pe