NCDRC

NCDRC

RP/2985/2007

YOGESH VARSHNEY - Complainant(s)

Versus

CHHATTIS GARH ELECTRICITY BOARD - Opp.Party(s)

MR. N. K.. THAKUR

31 Mar 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2985 OF 2007
 
(Against the Order dated 06/05/2007 in Appeal No. 108/2007 of the State Commission Chhattisgarh)
1. YOGESH VARSHNEY
S/O SHRI JAGDISH PRASAD VARSHNEY,
R/O 73, NAGAR NIGAM COLONY,
RAIPUR (C.G.)
...........Petitioner(s)
Versus 
1. CHHATTIS GARH ELECTRICITY BOARD
THROUGH EXECUTIVE ENGINEER.,
CITY DIVISION (WEST) DANGANIYA,
RAIPUR (C.G)
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE D.K. JAIN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER
 HON'BLE MR. VINAY KUMAR, MEMBER

For the Petitioner :
Mr.Navneet Kumar, Advocate
For the Respondent :
Ms.Yogmaya Agnihotri, Advocate

Dated : 31 Mar 2014
ORDER

          In view of the decision of the Hon’ble Supreme Court in U.P. Power Corporation Ltd. & Ors. vs. Anis Ahmad – (2013)8 SCC 491, wherein it has been held that a complaint against assessment made under Section 126 or action taken against those committing offences under Section 135 to 140 of the Electricity Act, 2003 are not maintainable under the Consumer Protection Act, 1986                       the present Revision Petition cannot be entertained.  In the impugned order 5.6.2007, the State Commission has recorded that at the time of inspection on 17.3.2005 by the Vigilance Department of Chhattisgarh State Electricity Board, they had found that the electricity meter had been tampered with in order to facilitate lesser recording of the electricity consumption.

          In view of the said finding, no ground is made out for our interference in exercise of revisional jurisdiction under Section 21(b) of the Consumer Protection Act, 1986.  The Revision Petition is dismissed accordingly.

 

 
......................J
D.K. JAIN
PRESIDENT
......................
VINEETA RAI
MEMBER
......................
VINAY KUMAR
MEMBER

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