Union of India vs SHRI VISHNU INDUSTRIES

THIS appeal is filed against the interim order passed by the District Forum, Jamnagar, We have pointed out to Ms. Tiwari, the learned Advocate appearing on behalf of the appellants that an appeal is not provided against the interim order. Ms. Tiwari therefore prays for converting the same into revision application. Permission granted.

MR. Mehta, the learned Advocate appearing on behalf of the respondent states that the order passed by the District Forum is very fair and the Appellate Court should not disturb such order. We are in agreement with MR. Mehta. But the question arises in this case is as to whether the District Forum had a jurisdiction to pass an interim order like the Civil Court which passes interim order under Order 39 Rules 1 & 2. Ms. Tiwari argument is that if the Court cannot pass the final order, the Court has no power to pass an interim order. The Redressal Agencies have power to pass final orders as enumerated in Section 14 of the Consumer Protection Act. There is no provision under Section 14 to direct the Telephone Department to reconnect the telephone. No doubt, if the disconnection is found to be illegal, the Commission can always award damages under Section 14(1)(d) of the Act.

If the Redressal Forum comes to the conclusion that disconnection was not justified, it has caused damages to the consumer or subscriber, the Redressal Agency can award compensation to the consumer for any loss or injury suffered by the consumer due to the negligence of the opposite party. In the facts and circumstances of the case, it would be advisable for the Telephone Department to restrain itself by obeying the orders of the District Forum to save the Department from compensation for loss or injury to the consumer due to alleged illegal action. However, it is for the Department to consider. In an appropriate case the order for disconnection passed by the concerned officer may result into his personal liability because every service catered by the Telephone Department is for the benefit of the consumers. The telephone facility is considered to be a service by the Act and, therefore, all the officers of the Department should try to do as much service as possible within the framework of the Act and Rules.

WE are of the opinion that the interim order passed by the District Forum to the extent directing the Telephone Department to reconnect the telephone is without jurisdiction, is set aside. So far the order for payment of Rs. 6,000/- is an interim arrangement cannot be said to be without jurisdiction. If the consumer pays Rs. 6,000/- as directed by the District Forum, the Department should respect such order by connecting the telephone. However, we cannot compel the Department to reconnect the telephone in view of the observations made above. ORDER The revision is allowed. The order of the District Forum to the extent directing the Telephone Department to reconnect is set aside. In the circumstances there will be no order as to costs. The District Forum will take up this case on priority basis. Revision allowed.