Nand Lal vs RAJINDER ARORA

THIS order will be read in continuation of the exhaustive earlier order dated the 22nd of July, 1991. Thereby it was held that no appeal under Section 15 lies against the imposition of penalty by the District Forum in exercise of its power under Section 27 of the Act. However, the alternative plea that the appeal maybe treated as a revision was left open.

MR. Raj Pal Yadav has now strenuously contended that this matter may be entertained as a revision petition. It was submitted that the District Forum in passing the impugned order under Section 27 has exercise jurisdiction not vested in it by law and in any case has done so illegally or with material irregularity. In view of what follows, it is unnecessary lo dilate on the reasons which impel us to entertain this case a revision. Accordingly we exercise our jurisdiction under Section 17(1)(b) of the Act for disposing of the matter. By the order under challenge the petitioner has been sentenced to undergo imprisonment for a period of one month and pay a fine of Rs. 2,000/- for having disobeyed the substantive order of the District Forum deliberately. In this context, it has to be recalled that in allowing the complaint the District Forum had earlier awarded an amount of Rs. 750/- as compensation to the complainant and directed the deposit of this amount or the payment of the same to the complainant within one month from the date of the receipt of the order. In the proceedings before us the petitioner in compliance with our order dated the 4th of March, 1991 had duly paid the aforesaid amount of Rs. 750/- to the complainant Sh. Rajinder Arora on the 8th of March, 1991 and receipt, therefor, has been placed on the record. Yet again subsequent to our order dated the 20th of August, 1991, the petitioner has now deposited a sum of Rs. 2000/- as fine with the District Forum at Hissar and a copy of the receipt and the relevant documents have been produced in Court today.

In the light of the aforesaid facts we are inclined to take the view that the ends of justice would be amply met by reducing the penalty imposed under Section 27 to a fine of Rs. 2,000/- which has already been paid by the petitioner Since the petitioner has also now complied with the substantive order of the District Forum, it would involve considerable hardship to him, if he has to further undergo the imprisonment, of one month imposed by the order. We, therefore, remit the said sentence of imprisonment. Sentence remitted.