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Judgment
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This Petition has been filed under Section 21(b) of The Consumer Protection Act, 1986 (the 'Act 1986') in challenge to the Order dated 10.08.2017 of The State Consumer Disputes Redressal Commission, Bihar (the 'State Commission') in Revision No. 03 of 2017 arising out of the Order dated 29.11.2016 of The District Consumer Disputes Redressal Commission, Samastipur (the 'District Commission') in Complaint No. 202 of 2016.
Heard the learned counsel at admission.
Perused the material on record, including inter alia the Order dated 29.11.2016 of the District Commission, the impugned Order dated 10.08.2017 of the State Commission and the Petition.
The complaint before the District Commission is still pending adjudication. Vide its Order dated 29.11.2016 the District Commission had passed an interim direction to the opposite party electricity distribution co. to provide electricity connection to the complainant. Against this interim direction revision was preferred by the electricity distribution co. before the State Commission.
The State Commission vide its Order dated 10.08.2017 affirmed the interim direction made by the District Commission and dismissed the revision.
Learned counsel for the petitioner electric distribution co. herein submits, on instructions, that in compliance of the District Commission's interim direction, electric connection has been provided to the complainant. He also submits that the complaint is pending adjudication before the District Commission and the pleadings and evidence are yet to be filed and the District Commission is yet to make its order on merit.
Learned counsel further submits that certain observations of the State Commission which have been made in its Order of 10.08.2017 are of nature that could cause prejudice to the electricity distribution co. in the adjudication of the complaint on merit before the District Commission, therefore they may be set aside or struck off.
We have perused the record in the light of the submissions made by the learned counsel.
It is manifestly clear in the wake of the submissions made by the learned counsel for the petitioner electricity distribution co. that as the Order of the District Commission and the Order passed by the State Commission confirming the District Commission's Order has already been complied with principally, the electric connection having been already installed, this revision petition for all practical purposes has been rendered infructuous and nothing remains to be adjudicated on that aspect of the matter.
So far as the submission made by learned counsel regarding certain observations made by State Commission during the course of discussion in its judgment is concerned, we see that they are at the most in the nature of obiter dicta and not in the nature of ratio. The observations made by the State Commission are not actually findings which may be said to have been arrived at in final terms having any binding effect upon the District Commission. The contentions raised at the bar before the State Commission were taken into consideration and were cogitated upon by the State Commission and it was in the process of analysis of facts that certain observations appear to have been made regarding which the apprehension has been expressed by the learned counsel that they may have a prejudicial effect upon the ultimate merits of the case.
We do not see any need to either strike them off or set them aside and meddle with the Order of the State Commission. Suffice it to observe, explicitly, that no such observation which might have crept into in the course of the judgment passed by the State Commission should be construed by the District Commission to have any prejudicial effect upon the ultimate merits of the case in favour or against any side or any party. The matter is still pending adjudication before the District Commission and it shall proceed in accordance with law following the due procedure and shall decide the case on the basis of its merits unprejudiced by any such said observation that might have been made by the State Commission.
With these observations, the revision petition is disposed of.
The Registry is requested to send a copy each of this Order to all parties in the Petition and to the District Commission immediately. The stenographer is also requested to upload this Order on the website of this Commission immediately.