AI Structured Summary
Not yet generated for this judgment
Judgment
A complaint has been filed by Smt. Gurdeo Kaur in which KESCO has been impleaded as opposite party.
MR. Prateek Saxena, Counsel for the revisionist/complainant and MR. Isar Hussain for KESCO have been heard. An application by the complainant seems to have been moved before the District Consumer Forum, Kanpur Nagar seeking an interim order against the Recovery Certificate said to have been issued in pursuance of electricity charges remaining outstanding against the power connection issued by KESCO.
The said application for an interim order has been rejected by the District Forum on 14.10.2003 which is impugned in the instant revision.
THE order is admittedly interim in nature and the main complaint is pending. It has been noted in the impugned order that "THE complainant has not shown any payment of electric charges. Hence he cannot claim the service of O.P. without paying the electric charges. In these circumstances his application to stay the R.C. and recovery proceedings issued against him is rejected...." No objection can be taken to the aforesaid order passed by the District Forum. Revision, therefore, lacks merits.
MR. Prateek Saxena made a statement that the revisionist is prepared to deposit Rs. 75,000/- in cash or by Bank Draft with KESCO so that the matter of outstanding balance is finally decided. It may be pointed out that R.C. is issued under the relevant laws where electric charges are outstanding. Consumer Courts are normally reluctant in interfering with such legal processes. In view of the statement made by the Counsel for revisionist/complainant if the revisionist deposits a sum of Rs. 75,000/- with the officer concerned of KESCO and then moves the District Forum for some other suitable interim order apart from stay of R.C., the feasibility of entertaining such request in order to do justice to the parties may have to be examined by the District Forum afresh.
WITH the aforesaid observations the revision is dismissed.
A copy of this order be furnished to the learned Counsels for the parties within a week for filing it before the District Forum or other authorities as may be found efficacious by the revisionist. Parties will bear their own cost. Revision dismissed.