Circuit Bench Aurangabad

StateCommission

A/776/2010

Maharashtra State Electricity Distribution Company Ltd. - Complainant(s)

Versus

Eknath S/o. Ramchandra Wani - Opp.Party(s)

D. L. Vakil

19 Sep 2013

ORDER

MAHARASHTRA STATE CONSUMER DISPUTE REDRESSAL COMMISSION, MUMBAI. CIRCUIT BENCH AT AURANGABAD.

FA No: 776 Of 2010 (Arisen out of Order Dated 22/10/2010 in Case No. 408/2009 of District None)   1. Maharashtra State Electricity Distribution Company Ltd. Sub Division, NO. 2, Near Mutton Market Jalgaon, Through its Executive Engineer, ...........Appellant(s) Versus 1. Eknath S/o. Ramchandra Wani R/o. Rampat Jalgaon , Tq. & Dist. Jalgaon ...........Respondent(s)

BEFORE:     HON'ABLE MR. S.M.SHEMBOLE PRESIDING MEMBER   HON'ABLE MRS. UMA BORA MEMBER   HON'ABLE MR. K.B.GAWALI MEMBER

PRESENT: None. ......for the Appellant   Adv.Shri.Gangakhedkar ......for the Respondent

ORDER   Per.Mr.S.M.Shembole Hon’ble Presiding Judicial Member.   1.       None for the appellant is present, it’s counsel Shri. Ishwar Jadhav and Adv.D.L.Vakil are also absent. Adv.Shri.Gangakhedkar for the respondent is present. On perusal of record if reflects that the matter pertaines to the theft of electricity. Therefore, as per the recent decision dated 01/07/2013 of Hon'ble Appex Court in the case of   “U.P.Power Corporation Ltd and Ors – V/s- Anis Ahmed” the consumer complaint itself is not being maintainable the appeal deserves to be allowed setting aside the impugned judgment and order. Accordingly, the appeal is allowed and the impugned judgment and order is set aside. Consequently complaint stands dismissed. No order as to cost.

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