NCDRC

NCDRC

RP/2470/2013

SANJAY KUMAR THAKUR - Complainant(s)

Versus

GENERAL MANAGER CUM CHIEF ENGINEER, TIRHUT AREA ELECTRICITY BOARD & 2 ORS. - Opp.Party(s)

MR. DVIJENDRA KUMAR PANDEY

16 Aug 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2470 OF 2013
 
(Against the Order dated 26/02/2013 in Appeal No. 666/2001 of the State Commission Bihar)
WITH
IA/5118/2013,IA/5119/2013
1. SANJAY KUMAR THAKUR
S/O LATE VAIKUNTH THAKUR, R/O LAHLADPUR,PATAHI, P.S SADAR
MUZAFFARPUR
BIHAR
...........Petitioner(s)
Versus 
1. GENERAL MANAGER CUM CHIEF ENGINEER, TIRHUT AREA ELECTRICITY BOARD & 2 ORS.
MUZAFFARPUR
BIHAR
2. ELECTRICAL SUPRINTENDENT ENGINEER,
ELECTRIC SUPPLY CIRCLE,
MUZAFFARPUR
BIHAR
3. ELECTRICAL EXECUTIVE ENGINNER
ELECTRIC SUPPLY CIRCLE,
MUZAFFARPUR
BIHAR
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE J.M. MALIK, PRESIDING MEMBER
 HON'BLE MR. DR. S.M. KANTIKAR, MEMBER

For the Petitioner :MR. DVIJENDRA KUMAR PANDEY
For the Respondent :NEMO

Dated : 16 Aug 2013
ORDER

PER JUSTICE J.M. MALIK

 

 

1.      Learned counsel for the petitioner heard.  There is delay of 22 days in filing the revision petition. We hereby condone the delay. 

2.      The key question is whether the area of the petitioner falls within the Urban area or Rural area because there is a question of difference of electricity charges.  Accordingly to the petitioner, his area falls within Rural area.  He has invited our attention towards the order of the District Forum:-

“Respondents appeared on the date of hearing and an application has been given on 1.11.94, through which it has been said that bill of the petitioner has been issued as per electricity bill tariff.  Bill tariff of village Patahi is issued as per T.R. – 1010/93 – 430 dated 21.1.93 it has been stated in said tariff that D.S. bill is related to rural area.  Those notified area come under Municipal Corporation, Urban District Sub Division Town, all Block Headquarter, all Industrial areas, near sub urban area which are around 4 kilometer or under it.  It has been said in the application that the respondent has not discussed in the complaint that how much he has claimed.  Allegation of the petitioner is wrong.  It is statement of the opposite party that bill of the petitioner is prepared very under the Tariff.  It seems that the village Patahi in which the petitioner resides fells under rural area.  Further, it is more than 4 K.M. distance from sub urban area.”

1.           The second submission made by the counsel for the petitioner is that the State Commission has passed the exparte order.  This argument rather goes to show that the petitioner was not vigilant.  He should have appeared before the State Commission.

2.           We have read the order of the State Commission, which cannot be faulted.  Para Nos. 6 of the impugned order runs as follows:-

“6.  The learned counsel for the appellant has been heard, who has pointed out that the Gazette Notification of the Bihar Govt. vide No. COM/TAR/1010/93-430 dated 21st June, 1993 notified depicting Musahari Anchal, village-Patahi has been shown as urban area falling with DS-II category.  The learned District Forum has misconstrued 4 KW as 4 KM.  He has also referred to tariff schedule published in Bihar Gazette extraordinary dated 23-06-1993 wherein the relevant 2 (b) has been quoted that urban areas covered by Notified Area Commission/Municipality/Municipal Corporation/All District Town/All Sub-divisional Town/All Block Headquarters/Industrial Area/contiguous sub-urban area and for connected load not exceeding 4 KW.”

 

3.   The evidence discussed by the District Forum and RTI report pale into

Insignificance, in view of the notification.  The Notification has got the greater evidentiary value and the same cannot be pushed under the carpet.  Revision Petition is merit-less.  Same is, therefore, dismissed. 

 

 

 
......................J
J.M. MALIK
PRESIDING MEMBER
......................
DR. S.M. KANTIKAR
MEMBER

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