NCDRC

NCDRC

RP/1478/2006

GUJARAT ELECTRICITY BOARD & ANR. - Complainant(s)

Versus

H.V. BANGERA - Opp.Party(s)

MRS. HEMANTIKA WAHI

25 Oct 2010

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 826 OF 2006
 
(Against the Order dated 13/04/2005 in Appeal No. 1354/2005 of the State Commission Gujarat)
1. JAGRUT NAGRIK
-
...........Petitioner(s)
Versus 
1. THE CHAIRMAN, GUJARAT ELECTRICITY BOARD & ANR.
-
...........Respondent(s)
REVISION PETITION NO. 1478 OF 2006
 
(Against the Order dated 25/01/2006 in Appeal No. 88/2000 of the State Commission Gujarat)
1. GUJARAT ELECTRICITY BOARD & ANR.
RACE COURSE CIRCLE
GUJARAT
-
...........Petitioner(s)
Versus 
1. H.V. BANGERA
PLOT NO.951
G.I.D.C.ESTATE WAGHODIA BARODA
GUJARAT
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Petitioner :
Mr.P.V. Moorjani, Auth. Rep.(in R.P.826/06)
For the Respondent :
For the Respondent : Mr.B.S. Sharma, Advocate for
(in R.P.1478/06) Mr.S.K. Sharma, Advocate
For the Respondents : Ms.Nupur Kanungo, Advocate
(in R.P.826/06) and for Ms.Hemantika Wahi, Advocate
For the Petitioners
(in R.P.1478/06)

Dated : 25 Oct 2010
ORDER

          Present two Revision Petitions have been filed against the same impugned order.  Revision Petition No.826/2006 has been filed by Jagrut Nagrik & Another whereas Revision Petition No.1478/2006 has been filed by Gujarat Electricity Board (now Madhya Gujarat Vij Company Ltd.) & Another.  The State Commission, after recording the contentions of the counsel for the parties, partly allowed the appeal by observing as under :

“In the present case the issue before us is that, the previous consumers had electricity connection for 120 H.P. and present complainant asked for connection of 75 H.P.  The appellant is not in position to explain why all the electric lines were again restored.  They are not in position to  explain the said issue before us.”

 

          A perusal of the above finding would show that the State Commission has not recorded any reasons in support of the conclusion arrived at.  The State Commission, being the court of fact, is required to record reasons in support of the conclusions arrived at.  Reasons are live wire, which connect the facts with the conclusions arrived at.  In the absence of live wire of reasons, the conclusions arrived at cannot be sustained.  The order passed by the State Commission is set aside and the case is remitted back to the State Commission to decide it afresh in accordance with law after hearing the counsel for the parties.  The State Commission is directed to record its reasons in support of the conclusions arrived at.

          Parties are directed to appear before the State Commission on 29.11.2010.

          Since it is an old case, we would request the State Commission to dispose of the appeals expeditiously and preferably within a period of 4 months from the date of first appearance of the parties.

 

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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