NCDRC

NCDRC

RP/1533/2014

RAMRAO ONKAR DHANDE - Complainant(s)

Versus

EXECUTIVE ENGINEER, MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LTD. & ANR. - Opp.Party(s)

IN PERSON

07 Aug 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1533 OF 2014
 
(Against the Order dated 14/10/2013 in Appeal No. 909/2007 of the State Commission Maharastra)
1. RAMRAO ONKAR DHANDE
R/O PIMPALKHUTA (DHANDE) TALUKA NANDURA
DISTRICT : BULDANA
MAHARASHTRA
...........Petitioner(s)
Versus 
1. EXECUTIVE ENGINEER, MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LTD. & ANR.
MALKAPUR
MAHARASHTRA
2. THE JUNIOR ASSITANT, MAHARASHTRA STATE ELECTRICTY DISTRIBUTION CO LTD.,
NANDURA
MAHARASHTRA
...........Respondent(s)

BEFORE: 
 HON'BLE MRS. VINEETA RAI, PRESIDING MEMBER
 HON'BLE MR. VINAY KUMAR, MEMBER

For the Petitioner :
Mr. Bhaskar Ramrao Dhande, A/R
For the Respondent :

Dated : 07 Aug 2014
ORDER

This revision petition pertaining to theft of electricity has been dismissed by the State Commission in view of the judgment of Hon’ble Supreme Court in Uttar Pradesh Power Corporation Limited And Others vs. Anis Ahmad, (2013 8 SCC 491) wherein it has been held that where there is an allegation of theft of electricity for commercial purposes, against an order of assessment under Section 126 or action under Sections 135 to 140 of the Electricity Act, 2003, complaint under the Act would not be maintainable.

               Heard Mr. Bhaskar Ramrao Dhande, authorized representative of the petitioner.

               In view of the admitted that this case pertains to findings pertaining to theft of electricity, we are of the view that the State Commission has rightly observed that in view of the judgment of Hon’ble Supreme Court in Uttar Pradesh Power Corporation Limited And Others vs. Anis Ahmad, (2013 8 SCC 491) the compliant is not maintainable before

 

-3-

the Consumer Fora.  Accordingly, the revision petition is dismissed.  It will be open to the Petitioner to avail of any other legal remedy as may be available to it, if so advised.

 
......................
VINEETA RAI
PRESIDING MEMBER
......................
VINAY KUMAR
MEMBER

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