Sub-Divisional Officer(Elect.) vs Ratnabati Patel And Another ... ...
2024 Latest Caselaw 16812 Ori

Orissa High Court

Sub-Divisional Officer(Elect.) vs Ratnabati Patel And Another ... ... on 19 November, 2024

Author: G. Satapathy

Bench: G. Satapathy

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                     W.P.(C) No.27933 of 2024

     Sub-Divisional Officer(Elect.), ...          Petitioners
     Electrical Sub-Division-1,
     Kuchinda, TPWODL, Sambalpur
     and another
                                Mr. P.K. Tripathy, Advocate
                               -versus-
     Ratnabati Patel and another              ... Opposite Parties


                                CORAM:
                         JUSTICE G. SATAPATHY
                               ORDER(ORAL)

Order No.                       19.11.2024
   01.       I.A. No.14496 of 2024
             1.      This     matter    is    taken      up   through    Hybrid

Arrangement (Virtual/Physical Mode).

2. This writ petition is directed against the impugned judgment and order dated 10.09.2024 passed by the President, District Consumer Dispute Redressal Commission (DCDRC), Sambalpur in Consumer Complaint (CC) No.146 of 2024 under Annexure-8 by which the learned President, DCDRC directed the present petitioners to pay Rs.50,000/- jointly as compensation along with litigation expenses of Rs.10,000/- and OPNo.2 (OPNo.3 in CC No.146 of 2024) to pay Rs.50,000/- as compensation along with another Rs.10,000/- to OPNo.1-complainant.

3. In assailing the impugned judgment, Mr. Prasanta Kumar Tripathy, learned counsel for the petitioners by inviting the attention of the Court to the

observation made by the Apex Court at paragraphs-30 & 47 of the decision in U.P. Power Corporation Ltd. v. Anis Ahmad; AIR 2013 SC 2766, submits that the litigation of OPNo.1 is not coming under the consumer dispute as contemplated U/S.2(1)(e) of the Consumer Protection Act, 1986 which is parimateria to New Amended Act, 2019 and, thereby, entertaining the dispute of the OP No.1 by DCDRC is not only violative of the act, but also a gross illegality.

4. In view of the aforesaid submission, this Court without entering into the dispute in detail, feels the necessity of issuing notice to the OPNo.1. Issue notice on admission to the OPNo.1 by Speed Post/Registered Post with AD fixing a short returnable date. Requisites for issuance of notice to the OPNo.1 shall be filed within three working days.

5. List this matter on 17th December, 2024.

6. As an interim measure, there shall be stay operation of the impugned judgment as referred in the second paragraph till next date.

(G. Satapathy) Judge

Subhasmita

Location: High Court of Orissa