NCDRC

NCDRC

RP/2506/2017

N.K. SHARMA - Complainant(s)

Versus

BSES RAJDHANI POWER LTD. - Opp.Party(s)

IN PERSON

22 Dec 2021

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2506 OF 2017
 
(Against the Order dated 11/04/2017 in Appeal No. 317/2016 of the State Commission Delhi)
1. N.K. SHARMA
C-43, SHALIMAR APARTMENT MASJID MOTH
NEW DELHI-110049
...........Petitioner(s)
Versus 
1. BSES RAJDHANI POWER LTD.
NEHRU PLACE
NEW DELHI
...........Respondent(s)

BEFORE: 
 HON'BLE MR. DINESH SINGH,PRESIDING MEMBER
 HON'BLE MR. JUSTICE KARUNA NAND BAJPAYEE,MEMBER

For the Petitioner :NEMO
For the Respondent :
Mr. Sharique Hussain, Advocate

Dated : 22 Dec 2021
ORDER

1.       This revision has been filed under Section 21(b) of the Act 1986 in challenge to the Order dated 11.04.2017 of the State Commission in appeal no. 317 of 2016 arising out of the Order dated 29.02.2016 of the District Commission in complaint no. 233 of 2009.

2.       Heard the revisionist complainant in person and the learned counsel for the respondent electricity distribution company. Perused the record.

3.       The case pertains to refund of the amount paid by the complainant to the electricity distribution company for grant of an electricity connection, when the connection asked for was ultimately not provided at all. 

The District Commission vide its Order dated 29.02.2016 allowed the complaint and directed the electricity distribution company to refund the amount of Rs.36,859/- deposited by the complainant with interest at the rate of 9% p.a. from February 2001 along with Rs.5,000/- as lumpsum  compensation and Rs.3,000/- towards litigation expenses.

The electricity distribution company preferred appeal before the State Commission. The State Commission vide its Order dated 11.04.2017 modified the award of the District Commission and directed the electricity distribution company to refund an amount of Rs.15,933/- in all to the complainant within 45 days.

Aggrieved with the dilution in the award, the complainant filed the instant revision before this Commission seeking to set aside the Order of the State Commission.   

4.       During the course of the arguments, learned counsel for the electricity distribution company requests for a brief interlude to seek instructions. After an interlude, learned counsel submits on instructions that the electricity distribution company will comply in its entirety with the award made by the District Commission within two weeks from today.  

5.       In the wake of the above submission, the prayer made in the revision is rendered infructuous. 

6.       The instant revision is disposed of with the direction that the electricity distribution company shall comply with the award made by the District Commission vide its Order dated 29.02.2016 within two weeks from today without fail.

Learned counsel is requested to advise the electricity distribution company that its responsible functionary shall courteously handover a demand draft of the total awarded amount alongwith a clear and cogent calculation-sheet to the complainant (who is aged and hard of hearing and is contesting his case in person) at his place of residence or of work after seeking his convenience within the stipulated period of two weeks from today with a report-in-compliance to the District Commission.

7.       The Registry is requested to send a copy each of this Order to the parties in the revision and to the learned  counsel for the respondent electricity distribution company  as well as to the District Commission within three days. The stenographer is requested to upload this Order on the website of this Commission immediately. 

‘Dasti’ in addition to facilitate timely compliance.    

 
......................
DINESH SINGH
PRESIDING MEMBER
......................J
KARUNA NAND BAJPAYEE
MEMBER

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