ASSISTANT ENGINEER, M.P.E.B. vs BRAJENDRA KUMAR GUPTA

THIS revision petition is directed against the interim order dated 18-3-1994 passed by the President, District Consumer Disputes Redressal Forum, Rewa in Complaint Case No. 66/94.

THE petitioner''s case is that the Complainant and his father are residing in the same house and are consumers of electrical energy supplied by the M.P. Electricity Board. THE electrical connection is in the name of the father of the Complainant. On account of failure to make payment of the amount due in respect of supply of electrical energy, the supply was discontinued after proper notice as required by law. THE Complainant thereupon filed a complaint before the District Forum and also prayed for grant of interim relief that the Opposite Party be directed to reconnect the supply of electrical energy during the pendency of the proceedings. Ad-interim relief was granted by the President of the District Forum and hence aggrieved by that order, the petitioner has preferred this revision petition. The short question that arises in this revision petition is whether the President of the District Forum had jurisdiction to grant the interim relief. In the first place, the President of the District Forum sitting alone had no jurisdiction to hear and pass any order in the case. Section 14(2) of the Consumer Protection Act, 1986 lays down that every proceeding shall be conducted by the President of the District Forum and at least one Member thereof sitting together. Secondly, the Forum had no jurisdiction to grant any interim relief. In Morgan Stanely Mutual Fund v. Kartick Das & Ors., reported in II (1994) CPJ 7 (S.C.) the Supreme Court has held that there is no power under the Consumer Protection Act, 1986 to grant any interim relief and that only a final relief could be granted by the District Forum. For all these reasons, it must be held that the impugned order passed by the President, District Forum, Rewa is without jurisdiction. Consequently, this revision petition is allowed. The order passed by the President, District Forum, Rewa on 18-3-1994 granting interim relief to the Complainant is set aside. The District Forum, Rewa is directed to proceed to dispose of the complaint expeditiously in accordance with law. Parties to bear their own costs of this revision petition. Record of the case be sent back immediately to the District Forum, Rewa. Revision petition allowed.