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1992 DIGILAW 467 (DEL)

DISTRICT MANAGER,TELEPHONES v. MUNILAL BRIJ MOHAN

1992-09-23

A.S.VIJAYAKAR, B.S.YADAV, V.B.ERADI, Y.KRISHNAN

body1992
( 1 ) THE Revision Petitioner-District Manager, Telephones, Jalandhar, Punjab-has come up with this Revision Petition challenging the legality of the Order passed by the District Forum, Jalandhar, issuing what is virtually a temporary injunction against the Telephone Department from disconnecting the telephone of the Complainant, the Respondent herein, on the ground of non-payment of a bill that was remaining unpaid. The appeal filed by the Telephone Department before the Stale Commission, Punjab was dismissed rather summarily by the State Commission without even considering the question as to whether the District Forum has the power inhand to pass such an interim order. ( 2 ) THE consumer Protection Act has not conferred any power on the Redressal Forums constituted under it to pass interim orders by way of injunction etc. pending original proceedings instituted before the Forum. The District Forum has, therefore, acted wholly without jurisdiction in passing the Order of temporary injunction against -the Telephone Department pending the completion of its adjudication of the complaint petition on merits. The State Commission, in declining to interfere with the Order which was passed without jurisdiction has acted illegally and with material irregularity. We allow this Revision Petition and set aside the Orders passed by the State Commission and the District Forum and direct the District Forum to dispose of the main complaint petition expeditionsly. No costs.