MOHINDRA COLD STORAGE Vs. PUNJAB STATE ELECTRICITY BOARD

JUDGEMENT

(1.) This appeal is by the complainant M/s. Mohindra Cold Storage challenging order of District Forum, Jalandhar dated December 11,1996 whereby the complaint was dismissed with the direction that the complainant may pursue remedy in the Civil Court, if so advised.

(2.) The facts arising out of the pleading of the parties can be summarised for decision of this appeal at this stage as the dispute is not to be adjudicated on merits. The complainant raised a grouse regarding excessive electricity bills issued by the Punjab State Electricity Board. A civil suit was earlier filed by the complainant for refund of the amount charged in excess. The suit was for recovery of Rs.20,222/-. The Electricity Board filed a written statement in that suit which was followed by a rejoinder by the plaintiff complainant. Thereafter, on an application filed the suit was withdrawn and dismissed as the complainant wanted to have recourse to the proceedings under the Consumer Protection Act. Hence the complaint was filed before the District Forum.

(3.) The Electricity Board took up the plea that the complaint was not maintainable as the complainant had earlier filed the civil suit which was dismissed. The plaintiff filed a rejoinder stating therein that an application was filed in the Civil Court for dismissal of the suit with permission to file the complaint under the Consumer Protection Act. Copies of plaint and the application filed before the Civil Court for dismissal of the suit with permission to file the complaint were produced. The District Forum accepted the stand of the opposite party, the Electricity Board and held that after dismissal of the suit, recourse to the proceedings under the Consumer Protection Act could not be held. This was so stated as copy of the order passed by the Civil Court was not produced on the record and it was taken that the suit was dismissed, simpliciter.