NCDRC

NCDRC

RP/3839/2014

CHAIRMAN, JAIPUR VIDYUT VITRAN NIGAM LIMITED & 2 ORS. - Complainant(s)

Versus

BHEEM SINGH - Opp.Party(s)

MR. AJATSHATRU MINA

31 Oct 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3839 OF 2014
 
(Against the Order dated 02/04/2014 in Appeal No. 02/2014 of the State Commission Rajasthan)
1. CHAIRMAN, JAIPUR VIDYUT VITRAN NIGAM LIMITED & 2 ORS.
VIDYUT BHAWAN, JYOTI NAGAR,
JAIPUR
RAJASTHAN
2. EXECUTIVE ENGINEER (VIGILANCE)
JAIPUR VIDYUT VITRAN NIGAM LTD,
DISTRICT: ALWAR
RAJASTHAN
3. ASSISTANT ENGINNER (KOTPULI)
JAIPUR VIDYUT VITRAN NIGAM LTD,
DISTRICT: JAIPUR
RAJASTHAN
...........Petitioner(s)
Versus 
1. BHEEM SINGH
S/O SHRI SANDHU RAM, R/O VILLAGE SANGTEDA, TEHSIL KOTUPUTLI
DISTRICT : JAIPUR
RAJASTHAN
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE AJIT BHARIHOKE, PRESIDING MEMBER
 HON'BLE MRS. REKHA GUPTA, MEMBER

For the Petitioner :MR. AJATSHATRU MINA
For the Respondent :

Dated : 31 Oct 2014
ORDER

The petitioner being aggrieved by the order of Rajasthan State Consumer Disputes Redressal Commission, Jaipur (in short, “State Commission”) dated 2.4.2014 directing the District Forum to decide the complaint after hearing both the parties, has preferred this revision petition.

Learned counsel for the petitioner states that the impugned order is not sustainable for the reason that this is a case relating to theft of electricity and as per judgment passed by Hon’ble Supreme Court in “U.P.Power Corporation Ltd. and Others Vs. Anis Ahmed” (Civil Appeal No.5466 of 2012 decided on 1.7.2013),  the consumer has no jurisdiction to deal with such issues.

We have perused the order of the State Commission.  State Commission has remanded back the matter to the District Forum for deciding the complaint afresh after hearing both the parties.  Therefore, we do not find any reason to interfere in the impugned order of the State Commission in the exercise of revisional jurisdiction.  It is clarified that the District Forum before proceeding the consumer complaint on merit, shall decide the preliminary objections regarding maintainability.  Revision petition is dismissed accordingly.  

 
......................J
AJIT BHARIHOKE
PRESIDING MEMBER
......................
REKHA GUPTA
MEMBER

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