NCDRC

NCDRC

RP/3026/2007

UTTRI HARYANA BIJLI VITRAN NIGAM LIMITED - Complainant(s)

Versus

GULZAR SINGH - Opp.Party(s)

MR. ARVIND NAYAR

30 Jul 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3026 OF 2007
 
(Against the Order dated 04/06/2007 in Appeal No. 2513/2006 of the State Commission Haryana)
1. UTTRI HARYANA BIJLI VITRAN NIGAM LIMITED
SUB DIVISIONAL OFFICER (O.P) SUB DIVISION PIPLI,
DISTRICT KURUKSHETRA
HARYANA
...........Petitioner(s)
Versus 
1. GULZAR SINGH
S/O SH. GURDEV SINGH,R/O HOUSE NO. 39, SECTOR - 2,
TEHSIL AND DISTRICT KURUKSHETRA
HARYANA
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE K.S. CHAUDHARI, PRESIDING MEMBER
 HON'BLE MR. VINAY KUMAR, MEMBER

For the Petitioner :
Mr. Zartab Anwar, Proxy counsel for
Mr. Arvind Nayar, Advocate
For the Respondent :
NEMO

Dated : 30 Jul 2014
ORDER

 

           Heard learned counsel for the petitioner and perused record.
          None appeared for the respondent/Complainant even after service.
           Complainant filed complaint before District Forum and it was alleged that penalty of Rs.20,000/- had been levied on Complainant wrongly on the ground of finding seals of the meter broken, which may be quashed. Opposite party-petitioner resisted complaint and submitted that consumer fora has no jurisdiction as complainant was found guilty of committing theft. Learned District Forum after hearing both the parties allowed complaint and directed opposite party to refund Rs.20,000/- along interest @ 9% per annum. Appeal filed by the opposite party was dismissed by learned State Commission vide impugned order dated 4.6.2007 against which this revision petition has been filed.
          Learned proxy counsel submitted in the light of the judgment of Hon’ble Supreme Court in U.P. Power Corporation Ltd. & Ors. Vs. Anis Ahmad, (2013) 8 SCC 491 that consumer fora have no jurisdiction to entertain complaint pertaining to theft of electricity, hence, revision petition, be allowed and the impugned order be set aside.
          We agree with the learned proxy counsel for the petitioner that complaint regarding imposition of penalty on the ground of theft of electricity is not maintainable, in the light of judgment of Hon’ble Apex Court in Anis Ahamd’s, case (supra), hence impugned order is liable to set aside.
Consequently, Revision Petition filed by the petitioner is allowed and impugned order dated 4.6.2007 passed by State Commission in First Appeal No.2513 of 2006, SDO ‘OP’ Sub Division, UBHVNL, Pipli, District Kurukshetra Vs. Gulzar Singh  and  order  of  District  Forum  dated  14.8.2006  passed  in Complaint No.92 of 2005, are set aside and complaint stands dismissed and Complainant/respondent is given liberty to approach appropriate authority under Indian Electricity Act, for redressal of his grievance.  
 
......................J
K.S. CHAUDHARI
PRESIDING MEMBER
......................
VINAY KUMAR
MEMBER

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