JAMAL AHMED KHAN Vs. V P PANDEY

JUDGEMENT

(1.) Complainant is the petitioner before us. He is aggrieved by the order of the Uttar Pradesh State Consumer Disputes Redressal Commission allowing the revision of the respondent-officers of the Telephone Department against the order of the District Forum in proceedings arising under Section 27 of the Consumer Protection Act. By the impugned order State Commission set aside the order of the District Forum.

(2.) On a complaint filed by the petitioner against the disconnection of his telephone, District Forum by its order dated 7.2.2000 recorded that telephone connection had since been restored and that if the petitioner had any claim for damages he might go to the Civil Court. Complaint was thus disposed of. It would appear after passing of this order petitioner filed a civil suit claiming damages. It is alleged that during the pendency of civil suit, telephone connection of the petitioner was again disconnected. This led him to initiate proceedings under Section 27 of the Act. District Forum by its order dated 17.7.2000 directed issue of warrants of arrest against officers of the Telephone Department for alleged disobedience of its earlier order. District Forum also passed severe strictures not only against the Telephone Department but against its officers as well. Against this order of 17.7.2000 of the District Forum, officers of the Telephone Department went in revision before the State Commission which as noted above allowed the revision petition and set aside the order of the District Forum.

(3.) Aggrieved, complainant-petitioner has come before us. We find State Commission rightly set aside the order of the District Forum. There was no operative portion of the order of the District Forum while disposing of the complaint which could be subject matter of execution under Section 27 of the Act. In fact petitioner misused those provisions and the District Forum also exercised a jurisdiction not vested in it by law. This revision petition is, therefore, dismissed. Revision Petition dismissed.