JAIPUR VIDYUT VITRAN NIGAM LTD vs M/S. HARI OM CHEMICALS

This revision petition has been filed by the petitioner against the order dated 17.4.2013 passed by the Rajasthan State Consumer Disputes Redressal Commission, Jaipur, Bench No.1 (in short, ''the State Commission'') in Appeal No. 295 of 2013 - JVVNL Vs. Hari Om Chemicals by which, while dismissing appeal, order of District Forum allowing complaint was upheld.

Brief facts of the case are that Complainant/respondent filed complaint before District forum with a prayer to direct OP to provide electric connection immediately in the plot of complainant and also to pay compensation of Rs.2,00,000/-, Rs. 2,00,000/- towards mental tension and Rs. 21,000/- towards Counsel''s fee. OP resisted complaint and prayed for dismissal of complaint. Learned District forum after hearing both the parties allowed complaint and directed OP to provide electric connection. Appeal filed by the OP was dismissed by learned State Commission against which, this revision petition has been filed.

Heard learned Counsel for the petitioner and respondent in person and perused record.

Learned Counsel for the petitioner submitted that impugned order as well order of District Forum are not speaking orders; hence, revision petition be allowed and impugned order be set aside and matter may be remanded back to District Forum for deciding complaint by a speaking order. On the other hand, respondent submitted that he is waiting for connection since long period and petitioner has not complied with directions of Fora below; hence, revision petition be dismissed.

Order of District forum runs as under: "19.2.2013

The advocates of the parties are present. Arguments heard on the complaint of the complainant under Section 13 (3)( ).

The complainant has deposited the required amount for the electric connection with the opposite party. Therefore the opposite party is directed that within 20 days from the date of this order the disputed electric connection be started. All other disputes along with the main complaint are dismissed. Order pronounced which be placed on the main file."

This order neither contains allegations in the complaint nor objection taken by OP in its written statement and by four lines order District Forum directed OP to release connection. Learned State Commission further committed error in dismissing appeal without any speaking order whereas as per law laid down by Hon''ble Apex Court in (2001) 10 SCC 659 - HVPNL Vs. Mahavir that Appellate Court is required to pass speaking order.

As in the case in hand neither District Forum nor State Commission has disposed of the matter by a speaking order impugned order as well order of District Forum are liable to set aside and matter is liable to remanded back to District forum for disposal of complaint by a speaking order.

Consequently, revision petition filed by the petitioner is allowed and impugned order dated 17.4.2013 passed by learned State Commission in Appeal No. 295 of 2013 - JVVNL Vs. Hariom Chemicals and order of District forum dated 19.2.2013 - Hari Om Chemicals Vs. Jaipur VVNL in Complaint No. 282 of 2012 is set aside and matter is remanded back to District forum to decide the complaint after giving an opportunity of being heard to both the parties by a speaking order.

Parties are directed to appear before District forum on 4.8.2015.