UNION OF INDIA Vs. ARJUN BHAGAT

JUDGEMENT

(1.) Aggrieved by the order in Appeal No. 2475 of 2014 dated 05.07.2017 passed by the Uttar Pradesh State Consumer Disputes Redressal Commission, Lucknow (in short "the State Commission") Union of India preferred this Revision Petition under Section 21 (b) of the Consumer Protection Act (in short "the Act"). By the impugned order the State Commission has dismissed both the Appeals preferred by Union of India and the Complainant, confirming the order of the District Consumer Disputes Redressal Forum Gorakhpur (in short "the District Forum") which has awarded a reasonable compensation of Rs.52,100/- with a default stipulation of 6% simple interest, if not paid within one month from the date of order.

(2.) The facts material to the case are that the Complainant, a contestant of the Lok Sabha Election in the year 2009, from Lohardaga constituency, sent through Registered Post dated 23.06.2009, paying Rs.52, the details of expenditure incurred in the election process to Shri Raul Sharma, Deputy Commissioner/ District Election Officer. It was averred that even as on the date of filing of the Complaint i.e. 23.09.2013 the Registered Post was not received by the addressee. It was pleaded that the Complainant was debared from contesting the Election from any constituency for a period of 3 years as the Election Commission of India did not receive the Election Expenditure Statement and the same was communicated to him by the Election Commission vide letter dated 09.04.2012. It was alleged that it was only due to negligence of the Postal Department that the Complainant has suffered irreparable loss. It was averred that it was only after the receipt of the letter from the Election Commission of India that the Complainant came to know that his Registered Post was not received by the Deputy Election Commissioner. The Complainant made all efforts to know the whereabouts of the parcel but did not receive any reply. He also sent a registered letter on 08.01.2013 demanding proof of delivery, for which he did not receive any response. On 22.03.2013 a legal notice was issued and an enquiry was also made on 10.04.2013, for which the Opposite Party replied stating that the record of the said proof of delivery was not available as the matter was time barred. Hence, the Complaint seeking direction to the Opposite Party to pay a compensation of Rs.17,00,000/- for loss of social reputation and mental agony suffered, together with other reliefs.

(3.) On behalf of the Opposite Party Vakalatnama dated 21.04.2014 was filed together with an Application to accept the Written Statement. The Application was allowed and the next date was fixed on 16.05.2014, on which date none appeared on behalf of the Opposite Party, the District Forum gave one more opportunity with the specific direction that if the Opposite Party does not appear and does not file its Written Statement on 04.07.2014, the matter shall be proceeded ex-parte. None appeared on 04.07.2017 and the Opposite Party was proceeded ex-parte on 05.08.2014. The Complainant's arguments were heard on 10.09.2014 on which date also none appeared on behalf of the Opposite Party and the matter was listed on 24.09.2014 for pronouncement of order. While so on 16.09.2014, an Application was filed by the Opposite Party seeking a direction to give an opportunity to file the Written Statement. It is pertinent to note that in the said Application there was no specific prayer to set aside the ex-parte order but only to give in opportunity to file the Written Statement. Not only does the District forum not have the power to Review, without setting aside the ex-parte order the question of giving an opportunity to the Department to file their Written Version does not arise. Keeping in view the facts and circumstances the District Forum has rightly disallowed the Application.