NCDRC

NCDRC

RP/2227/2011

DARSHAN LAL - Complainant(s)

Versus

HARYANA BIJLI VITRAN NIGAM LTD. & ANR. - Opp.Party(s)

MR. HIMANSHU GUPTA

16 Sep 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2227 OF 2011
 
(Against the Order dated 06/04/2011 in Appeal No. 1505/2003 of the State Commission Haryana)
1. DARSHAN LAL
S/o Sh Sunder Dass, R/o house no.741, new prem nagar
Karnal
Haryana
...........Petitioner(s)
Versus 
1. HARYANA BIJLI VITRAN NIGAM LTD. & ANR.
Throgh it sub divisional officer, Operation, Sub Division, Ram Nagar
Karnal
Haryana
2. Haryana Vidhyut Parsaram Ltd.
Sector-6, panchkula, Through It Secretary
Panckula
Haryana
...........Respondent(s)

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

For the Petitioner :NEMO
For the Respondent :NEMO

Dated : 16 Sep 2011
ORDER

Petitioner has been non-suited by the State Commission holding that the petitioner was not a consumer within the meaning of Section 2 (1) (d) of the Consumer Protection Act, 1986 as he had obtained the electricity connection for ‘commercial purposes’.  Counsel for the petitioner has moved this application seeking

 

-2-

permission to withdraw the complaint with liberty to seek redressal of his grievance from any other court of competent jurisdiction.

          Misc. application is allowed.  Revision petition as well as the complaint filed by the petitioner is dismissed as withdrawn.  Liberty is reserved with the petitioner to seek redressal of his grievance from any other court of competent jurisdiction. 

In case the petitioner files a suit along with an application under Section 14 of the Limitation Act seeking condonation of delay for the time spent before the consumer fora, then the concerned court may dispose it off in accordance with law keeping in view the observation made by the Supreme Court in Laxmi Engineering Works vs.PSG Industrial Institute – (1995) 3 SCC 583”.

                  

 

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

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