NCDRC

NCDRC

RP/3950/2013

BSES YAMUNA POWER LTD. - Complainant(s)

Versus

DR. NIRMALA JOSEPH - Opp.Party(s)

M/S. K. DATTA & ASSOCIATES

09 Dec 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3950 OF 2013
 
(Against the Order dated 23/09/2013 in Appeal No. 440/2011 of the State Commission Delhi)
WITH
IA/7060/2013
1. BSES YAMUNA POWER LTD.
BESE BHAWAN SHAKTI KIRAN BUILDING, KARKARDOOMA,
DELHI - 110092
...........Petitioner(s)
Versus 
1. DR. NIRMALA JOSEPH
R/O 113 MADHUBAN
DELHI - 110092
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE V.B. GUPTA, PRESIDING MEMBER
 HON'BLE MRS. REKHA GUPTA, MEMBER

For the Petitioner :
Mr Manish Srivastava, Advocate
For the Respondent :IN PERSON

Dated : 09 Dec 2013
ORDER

Respondent who is appearing in person states that she will be arguing the matter of her own and she does not require the services of a lawyer. Heard. After perusing the record, it transpires that the defence of petitioner/ opposite party is that, it is a case where respondent/ complainant had been booked under theft of electricity. Since, it is a case of theft of electricity, in view of the order passed by the Honle Supreme Court in Civil Appeal no. 5466 of 2012 (arising out of Special Leave to Appeal (Civil) no. 35906 of 2011) in U P Power Corporation Ltd., and Ors. vs Anis Ahmed decided on 01.07.2013, the complaint filed in the present case before the District Forum under the Consumer Protection Act, 1986 is not maintainable. We allow the revision petition and dismiss the complaint of the respondent. However, liberty is granted to the respondent/ complainant to seek appropriate remedy available to her before the appropriate forum. With these observations, the revision petition stand disposed of. Dasti to both the parties.

 
......................J
V.B. GUPTA
PRESIDING MEMBER
......................
REKHA GUPTA
MEMBER

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