LAWS(NCD)-2017-1-59

M.K. MEENA AND 3 OTHERS AGM (ADMIN), G.M.T.D. (BSNL), OFFICE PALI Vs. DR. SATISH SWAROOP GEHLOT S/O. LATE SH. CHETAN SWARUP GEHLTO, R/O. NEAR N.N. TAK HOSPITAL, BHATI KAN SINGH GEHLOT, NAYAPURA, BSF POST, JODHPUR

Decided On January 19, 2017
M.K. Meena And 3 Others Agm (Admin), G.M.T.D. (Bsnl), Office Pali Appellant
V/S
Dr. Satish Swaroop Gehlot S/O. Late Sh. Chetan Swarup Gehlto, R/O. Near N.N. Tak Hospital, Bhati Kan Singh Gehlot, Nayapura, Bsf Post, Jodhpur Respondents

JUDGEMENT

(1.) This revision petition has been filed under section 21(b) of the Consumer Protection Act, 1986, against the impugned order dated 06.01.2015, passed by the Rajasthan State Consumer Disputes Redressal Commission, Circuit Bench, Jodhpur (hereinafter referred to as "the State Commission") in appeal No. 42/2014, Gopal Krishan Agarwal & Ors. Vs. Dr. Satish Swaroop Gehlot, vide which, while dismissing the appeal against the order dated 09.01.2014, passed in consumer complaint no. 144/2008, it was stated that the appeal was pre-mature, because the District Forum was yet to pass a final order in execution case no. 144/2008, pending before them.

(2.) Briefly stated, the consumer dispute between the complainant Dr. Satish Swaroop Gehlot and the opposite party (OP) Bharat Sanchar Nigam Ltd. (BSNL) involves shifting of the landline BSNL telephone connections of the complainant from one place to another. The parties have been involved in litigation since a long time and ultimately, the order under execution was passed by the District Forum, Jodhpur on 05.03.2008, following the remand order made by this Commission on 18.10.2005. The operative portion of the said order states as follows:-

(3.) Being aggrieved against the above order, an appeal was preferred by the OP BSNL before the State Commission, but the same was dismissed by that Commission on 11.08.2010, thus upholding the order dated 05.02008.