Delhi

South Delhi

CC/272/2010

SHRI KAILASH - Complainant(s)

Versus

BSES RAJDHANI POWER LTD - Opp.Party(s)

24 Aug 2016

ORDER

CONSUMER DISPUTES REDRESSAL FORUM -II UDYOG SADAN C C 22 23
QUTUB INSTITUTIONNAL AREA BEHIND QUTUB HOTEL NEW DELHI 110016
 
Complaint Case No. CC/272/2010
 
1. SHRI KAILASH
HOUSE NO. 56 VILLAGE HIMAYUNPUR, NEW DELHI
...........Complainant(s)
Versus
1. BSES RAJDHANI POWER LTD
BSES BHAWAN NEHRU PLACE, NEW DELHI
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE N K GOEL PRESIDENT
 HON'BLE MRS. NAINA BAKSHI MEMBER
 HON'BLE MR. SURENDER SINGH FONIA MEMBER
 
For the Complainant:
None for the Complainant.
 
For the Opp. Party:
Sh. C.B. Sharma, Asstt. Legal Manager for OP
 
Dated : 24 Aug 2016
Final Order / Judgement

  It is already 12.05 p.m.

        The matter is fixed for final arguments.

        According to the Asstt. Legal Manager for OP, complaint in question is not maintainable because it is a case of meter tampering inasmuch as an assessment and speaking order dated 18.3.2010 had been passed against the complainant under Section 126 of the Electricity Act, 2003.  Moreover, according to him, the complainant has already settled the matter with the OP and has paid the settlement amount to the OP.  He has filed a copy of summary of the details of the bill.

 

We have gone through the pleadings of the parties.  We find that, infact,  an order under Section 126 of the Electricity Act, 2003 had been passed against the complainant in respect of the electricity meter in question by the Enforcement Cell of the OP on 18.3.2010.  Therefore, in our considered opinion, in view of the judgment of the Apex Court in the case of Mohd. Anis Vs State of UP, 3(2013) CPJ 1 SC,  the complaint is not maintainable before this Forum.  We dismiss the complaint accordingly.  Copy of this order be given Dasti to the Asstt. Legal Manager for the OP and one copy be sent to the complainant through speed post.  Thereafter, file be consigned to record room.

 

 
 
[HON'BLE MR. JUSTICE N K GOEL]
PRESIDENT
 
[HON'BLE MRS. NAINA BAKSHI]
MEMBER
 
[HON'BLE MR. SURENDER SINGH FONIA]
MEMBER

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