Parvesh Kumar vs Baburam And Others

Manoj Kumar Tiwari, J

Heard learned counsel for the parties through video conferencing.

Petitioner is serving as Executive Engineer, Uttarakhand Power Corporation Ltd., Electricity Distribution Division, Bhagwanpur, Roorkee, District Haridwar.

District Consumer Disputes Redressal Commission, Haridwar passed a final order dated 25.03.2021 providing for one month’s imprisonment to the petitioner and fine of Rs. 1,00,000/-. The said order was passed in exercise of power under Section 72 of the Consumer Protection Act, 2019.

Learned counsel for the petitioner submits that the aforesaid final order, passed by District Consumer Disputes Redressal Commission, has been challenged by filing an Appeal before the State Commission and the said Appeal has been numbered as 59 of 2021.

After arguing for a while, learned counsel for the petitioner confines his prayer and submits that petitioner be given limited protection till consideration of his stay application filed before the State Commission. He further submits that at present the State Commission has become non-functional, as Hon’ble Chairman of the said Commission has been tested Covid positive.

Having regard to the facts and circumstances of the case, the writ petition is disposed of with a request to learned State Commission to consider and decide the stay application filed by the petitioner along with Appeal No. 59 of 2021, as early as possible; but, not later than six weeks from the date of resumption of hearing.

For a period of four months or till disposal of petitioner’s stay application by learned State Commission, whichever is earlier, no coercive measure shall be taken against the petitioner pursuant to the final order dated 25.03.2021 passed by District Consumer Disputes Redressal Commission, Haridwar in Misc. Case No. 33 of 2020.