Uttarakhand

StateCommission

RP/4/2023

Uttarakhand Power Corporation Ltd. - Complainant(s)

Versus

Angel Guest House & another - Opp.Party(s)

Sh. Nitin Kumar Garg

14 Sep 2024

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,UTTARAKHAND
23/16, Circular Road, Dalanwala, Dehradun, Uttarakhand 248001
Dehradun-248001
Final Order
 
Revision Petition No. RP/4/2023
( Date of Filing : 11 Jan 2023 )
(Arisen out of Order Dated 23/11/2022 in Case No. CC/379/2022 of District Haridwar)
 
1. Uttarakhand Power Corporation Ltd.
through Executive Engineer, Electricity Distribution Division, Rural ,Roorkee,Teh. roorkee
Haridwar
Uttarakhand
...........Appellant(s)
Versus
1. Angel Guest House & another
Killkili Pir, Sahib Wala Road, Piran Kailyar Thana Piran Kaliyar, Teh. Rookree
Haridwar
Uttarakhand
2. Executive Engineer, Nagar Pancyat
Piran Kaliyar
Haridwar
Uttarakhand
...........Respondent(s)
 
BEFORE: 
 HON'BLE MS. Kumkum Rani PRESIDENT
 HON'BLE MR. B. S. Manral MEMBER
 
PRESENT:Sh. Nitin Kumar Garg, Advocate for the Petitioner 1
 
Dated : 14 Sep 2024
Final Order / Judgement

Put up today in National Lok Adalat.

Learned counsel Sh. Nitin Kumar Garg on behalf of the revisionist has appeared through video conferencing, whereas Sh. Saurabh Rana, Advocate, an associate of Sh. Rajkumar, Advocate, has appeared on behalf of opposite party No. 1 / complainant.  Sh. Rajkumar, Advocate had moved an application dated 31.01.2024 (Paper No. 45), seeking time to file Vakalatnama on behalf of opposite party No. 1, but the same was not submitted on record.

Learned counsel for the revisionist has contended that opposite party No. 1 / complainant has already paid the entire electricity dues and the case of electricity theft has also been compounded in the competent court as per law, therefore, in such circumstances, the impugned order is liable to be set aside.

Heard.

It is admitted on behalf of opposite party No. 1 that the case regarding theft of electricity has already been decided by the competent court and the outstanding electricity dues have been deposited by opposite party No. 1 with the electricity department.

In the light of the aforesaid submissions, the impugned order passed by the District Commission is hereby set aside.  As the matter pertains to theft of electricity, hence the Consumer Commission has no jurisdiction in such type of matters.  The revision petition stands allowed accordingly.

Both the parties shall bear their own costs.

File be consigned to the record room along with copy of this order.

A copy of this order be sent to the concerned District Commission for perusal, information and necessary action.

 
 
[HON'BLE MS. Kumkum Rani]
PRESIDENT
 
 
[HON'BLE MR. B. S. Manral]
MEMBER
 

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