BALDEV RAJ PREENJA Vs. PUNJAB STATE ELECTRICITY BOARD

JUDGEMENT

(1.) PETITIONER was the complainant before the District Forum, where he had filed a complaint alleging deficiency in service on the part of the respondents.

(2.) VERY briefly the facts of the case are that the petitioner has an electricity connection from the respondent. On 14. 9. 2001 two L. T. 'three-phase' supply lines abruptly snapped in front of the house of the complainant with the result, there was fluctuation in the supply leading to high tension supply in his house, which resulted in damages to the refrigerator and adaptor of cordless phone for which he had to spend Rs. 3,270. Thus, alleging deficiency in service, a complaint was filed seeking Rs. 3,270 with interest as compensation. The District Forum after hearing the parties dismissed the complaint and relegated the parties to the Civil Court as according to them it involved disputed questions of facts. The appeal filed against this order by the petitioner before the State Commission met the same fate, hence this revision petition before us.

(3.) WE heard the learned Counsel for the parties. At the stage we can say only as held by the Hon'ble Supreme Court in the case of Dr. J. J. Merchant and Ors. v. Shrinath Chaturvedi, III (2002) CPJ 8 (SC)=iv (2002) SLT 714= (2002) 6 SCC 635. The State Commission and District Forum are headed by retired High Court Judges and officers of District Judge level and in our view, this is not such a case which cannot be decided by the Consumer Fora after obtaining evidence and if need be after getting an expert opinion. In view of above, we find that both the lower Fora erred in relegating the case of an ordinary consumer to a Civil Court whereas, as per law laid down by Hon'ble Supreme Court, the Consumer Fora is adequately equipped to deal with such cases, in view of which the orders passed by both the lower Fora are set aside and the case is remanded back to the District Forum to decided the case on merits as per law and following the procedure laid down in the Consumer Protection Act, 1986.