NCDRC

NCDRC

RP/3752/2011

RAM AVTAR - Complainant(s)

Versus

EXECUTIVE ENGINEER, HARYANA BIJLI VITRAN NIGAM LTD. - Opp.Party(s)

MR. S.B. GOEL

11 Apr 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3752 OF 2011
 
(Against the Order dated 26/08/2011 in Appeal No. 1326/2010 of the State Commission Haryana)
1. RAM AVTAR
S/o Shri Shiv Lal, R/o Hally mandi ( Bazari) Gurgoan
Haryana
...........Petitioner(s)
Versus 
1. EXECUTIVE ENGINEER, HARYANA BIJLI VITRAN NIGAM LTD.
Haryana Bijli Vitran Nigam Ltd.,
Gurgoan
Haryana
...........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. O. P. Madan, Advocate
For the Respondent :MR SUDIR BISLA

Dated : 11 Apr 2014
ORDER

In view of the decision of Supreme Court in Uttar Pradesh Power Corporation Limited And Others vs. Anis Ahmad, (2013 8 SCC 491)

 

-2-

wherein it has been held that where there is an allegation of ‘theft of electricity’ for ‘commercial purposes’, an order of assessment under Section 126 or action under Sections 135 to 140 of the Electricity Act, 2003, a complaint under the Consumer Protection Act, 1986 would not be maintainable, this Revision Petition deserves to be dismissed. 

               Admittedly, the subject matter of complaint filed by the petitioner was on action initiated by Haryana Bijli Vitran Nigam Ltd. under Section 135 of the Indian Electricity Act, 2003 and, therefore, the complaint itself was not maintainable under the Consumer Protection Act, 1986.  In these circumstances the present Revision Petition is also misconceived.  Revision Petition is dismissed accordingly with no order as to costs.

         

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

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