LAWS(NCD)-2018-5-74

RAHAMATULLAH KHAN ALIAS RAHAMJULLA S/O MAGUKHAA, R Vs. ASSISTANT ENGINEER (D-1) AJMER VIDYUT VITRAN NIGAM

Decided On May 28, 2018
Rahamatullah Khan Alias Rahamjulla S/O Magukhaa, R Appellant
V/S
Assistant Engineer (D-1) Ajmer Vidyut Vitran Nigam Respondents

JUDGEMENT

(1.) Challenge in these two Revision Petitions, under Section 21(b) of the Consumer Protection Act, 1986 (for short "the Act"), by the Complainants are to a common order dated 30.05.2017, passed by the State Consumer Disputes Redressal Commission, Rajasthan at Jaipur Bench No.1 (for short "the State Commission") in First Appeals No.860 and 885 of 2016. By the impugned order, the State Commission has overturned the orders, both dated 21.06.2016, passed by the District Consumer Disputes Redressal Forum, Ajmer (for short "the District Forum") dismissing Consumer Complaints No.295 and 308 of 2015 filed by the Petitioners in these cases.

(2.) In the first instance, while allowing the Complaints filed by the Petitioners alleging deficiency in service on the part of the Respondents, viz., Ajmer Vidyut Vitran Nigam Limited and its functionaries in raising additional demand in the month of May 2015, in respect of the period from July 2009 to September 2011, the District Forum had reached the conclusion that the said demands were barred by limitation and hence, the Respondents were not entitled to recover the same from the Complainants. Resultantly, the District Forum directed the Respondents not to recover the additional demands from the Complainants and also pay to each of the Complainants' a sum of Rs.2500/- as compensation for the mental agony suffered by them as also litigation costs, quantified at Rs.2500/-.

(3.) As noted above, being aggrieved by the said directions, the Respondents carried the matter further in Appeals to the State Commission, in which the impugned orders have been passed.