Case No.CG-52 of 2010 (5.10.2010) Team Tools Pvt. Ltd. Ludhiana.
PROCEEDINGS
PRESENT:
PETITIONER SIDE: Sh. R.S. Dhiman, PR
PSPCL SIDE: Er. Rahul Kapoor, AE, FPP Ldh.
The said appeal case was initially received in this office vide Diary No. 1097 dt. 12.11.09 against the decision of ZLDSC dt. 30.7.09. Forum decided not to register the case on account of the fact that the appeal was received after expiry of three months period. Accordingly Forum vide its letter No. 2092/T-224/09 dated 31.12.09 informed the consumer that the appeal case was time barred.
That an appellant consumer has filed an appeal before the Ombudsman Electricity Punjab Chandigarh which vide its order No.14/2010 dated 9.9.10 has passed the following orders:-
"The order of the Forum dated 31.12.09 treating the appeal as time barred is set aside with the directions to treat the appeal having been filed in time and pass a well reasoned, speaking order in respect of other grounds of Appeal raised in the Appeal filed before the Forum irrespective of whatever order has been passed by the ZLDSC within 90 days from the date this order is received in the office of the Forum. Since the order of the Forum has been set aside, it is not considered necessary to decide the other grounds of Appeal raised by the petitioner."
Accordingly Forum vide its order dt. 1.10.10 decided to register the case by assigning the No. CG-52/10 andfixed the case for hearing on 5.10.10. Both the parties were heard. Forum perused the decision of ZLDSC dated 30.7.09 which is as under:-
"No representative of industry attended the meeting.
Sh. Isher Singh and Mr. Jatinder Salotra attended the meeting. The case was deliberated by the Committee and it was observed that the defaulting amount related account of the consumer i.e. M/S J.S. Tools, A/C No.FP07/214 which stand permanently disconnected was transferred to the account of M/S Team Tools India Ltd.A/C. No. FP-03/503. The case was deliberated and it was observed by the Committee that case does not fall under the purview of ZLDSC. Therefore, the Committee decided that case needs to be dealt as per existing instructions by the concerned office as its own level."
From the perusal of the above decision, the ZLDSC has held that the case does not fall within their purview without giving any reasons. Hence the said orders is non speaking orders which is contrary to the instructions.
Forum could not find the reasons for pursuing the appeal case against non speaking orders of ZLDSC. Therefore, Forum decides to remand back the said case for afresh adjudication by ZLDSC by passing speaking orders in this case.
(CA Rakesh Puri) ( CS A.J. Dhamija) ( Er. K.K. Kaul )
CAO/Member Member/Independent CE/Chairman