RAJASTHAN STATE ELECTRICITY BOARD vs RATAN CHEMICAL INDUSTRIES

THIS appeal under Sec. 15 of the Consumer Protection Act, 1986 ("the Act" herein) is directed against the order dated 23.9.91 passed by the District Forum, Jodhpur in Complaint Case No. 189/91 by which the opposite parties appellants were directed to give reconnection of the electricity within 3 days from the date of the order failing which they will be liable to pay Rs. 500/- per day as compensation to the complainant THIS order is an interim order. The complaint is still pending before the District Forum, Jodhpur. The complainant-respondent filed the complaint against the opposite party appellant, Rajasthan State Electricity Board and two others praying that the amount of minimum charges mentioned in the bills of February and March, 1991 may be set aside and a direction may be issued to them not to add the minimum charges in future bills. A sum of Rs. 2,000/- was claimed as compensation.

THE opposite parties submitted a version of the case denying the averments made in the complaint. It appears that the electric connection of the complainant was disconnected on 28.8.91 though the complaint was pending. It appears that an application for reconnection was made on 3.9.91. THE District Forum after hearing the arguments passed the impugned order on 23.9.91. Against that the appeal has been filed. THE question is whether the appeal against an interim order under Sec. 15 of the Act is maintainable or not. In any case the appeal can be treated as revision. After the passing of the interim order learned Counsel on behalf of the opposite party-appellant submitted photostat copy of the agreement. The parties stated before the District Forum that they did not want to produce any oral evidence and the complaint was posted for arguments. Arguments were heard and it appears from the record of the District Forum that the final order was passed by the District Forum on 20.1.92 whereby the complaint was dismissed. It is for the complainant now, to agitate the order by which the complaint was dismissed. By ad interim order dated 26.9.91 the operation of the order dated 23.9.91 was stayed and it was directed that the order appealed against shall not be enforced against the appellant until further orders from the State Commission. That ad interim order was confirmed by order dated 20.10.91. The interim order which was passed by the District Forum was without jurisdiction for no such direction for reconnection of the electricity could be given during the pendency of the complaint. The mandatory interim order is not contemplated under the Act and the Redressal Forum constituted under the Act can not grant that, O, XXXIX C.P.C. is not applicable to the proceedings under the Act. No inherent powers can be invoked for the purpose as the Redressal Forum are not Courts. Apart from that the District Forum has ordered that if electric connection is not given within 3 days the opposite parties are liable to pay Rs. 500/- per day as compensation. Compensation can only be awarded under Sec. 14(1)(d) of the Act. While passing an interim order, direction for payment of compensation could not be issued. The interim order being without jurisdiction is bad in law and therefore it has to be set aside. As stated above the complaint of the complainant was dismissed by the District Forum by its order dated 20.1.1992 and if the complainant is aggrieved against that order, he may pursue his remedy in accordance with law by assailing the order by filing an appeal.

For the reasons mentioned above the appeal which has been treated as revision is allowed and the interim order dated 23.9.91 is set aside. The complainant-respondent shall pay Rs. 300/- as costs to the opposite party-appellant. Revision allowed with costs.