Circuit Bench Aurangabad

StateCommission

A/323/2011

Shri.Ravindra Basvanappa Mulge. - Complainant(s)

Versus

Deputy Engineer,Maharashtra State Electricity Distribution Co.Ltd. - Opp.Party(s)

Shri.P.M.Kulkarni.

05 Jul 2013

ORDER

MAHARASHTRA STATE CONSUMER DISPUTE REDRESSAL COMMISSION, MUMBAI.
CIRCUIT BENCH AT AURANGABAD.
 
FA No: 323 Of 2011
(Arisen out of Order Dated 19/05/2010 in Case No. 226/2010 of District None)
 
1. Shri.Ravindra Basvanappa Mulge.
R/o.Tq.Omerga,Dist.Osmanabad.
...........Appellant(s)
Versus
1. Deputy Engineer,Maharashtra State Electricity Distribution Co.Ltd.
Sub Division,Tq.Omerga,Dist.Osmanabad.
2. Executive Engineer,Maharashtra State Electricity Distribution Co.Ltd.
Tq.Tuljapur,Dist.Osmanabad.
...........Respondent(s)
 
BEFORE: 
 HON'ABLE MR. S.M.SHEMBOLE PRESIDING MEMBER
 HON'ABLE MRS. UMA BORA MEMBER
 
PRESENT:
None.
......for the Appellant
 
Adv.Shri.A.M.Gaikwad
......for the Respondent
ORDER

Per.Mr.S.M.Shembole Hon’ble Presiding Judicial Member.

 

          Appellant Shri.Ravindra Basvanappa Mulge as well as his counsel Shri. P.M.Kulkarni  are absent. Adv. A.M.Gaikwad for the respondents is present. It is submitted by Adv. Gaikwad that recently the Hon’ble Appex Court in Civil Appeal  No. 5466/2012 in “U.P.Power Corporation Ltd  & Ors – V/s- Anis Ahmad” vide its judgment dated 1st July 2013 held that the cases under “Electricity Act or offences under Sections 135 to 140 of Electricity Act  are not maintainable under Consumer Protection Act etc. He has also produced the copy of the judgment and order of Hon’ble Supreme Court. For the same reasons the Dist. Consumer Forum dismissed the complaint. In view of the facts of the present case and

 

recent decision of Hon’ble Appex Court, it is obvious that the consumer complaint itself is not maintainable. Hence, the appeal stands dismissed. No order as to cost. 

 

 

 
 
[HON'ABLE MR. S.M.SHEMBOLE]
PRESIDING MEMBER
 
[HON'ABLE MRS. UMA BORA]
MEMBER

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