SRI SRINIWAS AGARWAL Vs. DISTT HORTICULTURE OFFICER KANPUR

JUDGEMENT

(1.) -This case originated in a complaint filed by the Revision Petitioner herein before the District Forum, Kanpur seeking recovery of damages from the opposite party to the tune of Rs. 71,750/- on the ground that the" opposite party failed to supply plants to him as a result of which the Petitioner suffered heavy loss and damage. The opposite party remained ex-parte before the District Forum. The District Forum on a consideration of the materials produced before it came to the conclusion that the only relief that the complainant was entitled to get, was a refund of the amount of Rs. 2,500/.- which he had deposited with the opposite party for the purpose of plants together with interest at 12% per annum and a token compensation of Rs. 2,000/-. On the matter being carried in appeal to the State Commission. Uttar Pradesh, by die opposite party the State Commission held that the complainant was no enticed to be awarded any amount easier by way of interest or by way of compensation. In over words, the State Commission modified the order of the District Forum by reducing the amount recoverable by the complainant to only Rs. 2,500/-. Aggrieved by the order of the State Commission the complainant has preferred mis Revision Petition before us. After having heard the submissions of the complainant who appeared before us in person and perused the records we are of the opinion that this Revision Petition has to be allowed. The order passed by the State Commission does not contain any discussion at all of the facts nor has the State Commission set out any reasons in support of its conclusion to set aside the award of interest and compensation made in favour of the Complainant by the District Forum. The relevant part of the State Commission's order consists of only the following sentence : "Considering the all facts, it is not clear that the Consumer is entitled to have interest and other benefits on the deposit amount". We are constrained to observe that such summary disposal of a First Appeal is not just and proper. Having ourselves gone through the records. We are of opinion that on the facts and circumstances of the case the District Forum was fully justified in awarding interest at 12% per annum to the complainant on the amount of Rs. 2,500/- deposited by him with the opposite party and also in directing payment of the token compensation of Rs. 2,000/-. The interference made by the State Commission with the order passed by the District Forum was illegal and without jurisdiction. The Revision Petition is accordingly allowed. The order of the State Commission is set aside and the order passed by the District Forum will stand restored. No Costs. Petition accordingly allowed.