NCDRC

NCDRC

RP/1952/2011

M/S. S.B. PACKAGING LTD. - Complainant(s)

Versus

HARYANA VIDYUT PARSARAN NIGAM LTD. & ANR. - Opp.Party(s)

M/S. K.C. KALRA & CO.

03 Aug 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1952 OF 2011
 
(Against the Order dated 06/09/2010 in Appeal No. 929/2002 of the State Commission Haryana)
1. M/S. S.B. PACKAGING LTD.
49, K.M POINT, DELHI ROHTAK ROAD, SAMPLA TEHSIL,
ROHTAK
HARYAN
...........Petitioner(s)
Versus 
1. HARYANA VIDYUT PARSARAN NIGAM LTD. & ANR.
THROUGH ITS SUB- DIVISION OFFICER,SAMPLA
ROHTAK
HARYANA
2. HARYANA VIDHYUT PASSARAN NIGAM LTD
THROUGH IT SUPERINTENDING ENGINEER
ROHTAK
HARYANA
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R. C. JAIN, PRESIDING MEMBER
 HON'BLE MR. S. K. NAIK, MEMBER

For the Petitioner :
Mr. Narendra Kalra, Advocate
For the Respondent :NEMO

Dated : 03 Aug 2011
ORDER

PER JUSTICE R.C. JAIN (ORAL)

          Challenge in these proceedings is to the order dated 6th of September, 2010 passed by the Haryana State Consumer Disputes Redressal Commission, Panchkula (for short the State Commission) in First Appeal No. 929 of 2002.  The appeal before the State Commission was filed by the Haryana Vidyut Parsaran Nigam Ltd. against an order dated 21st of March, 2002 passed by the District Forum, Rohtak in Complaint No. 159 of 1999.  By the said order, the District Forum had partly allowed the complaint filed by the petitioner herein and had directed the respondent-Haryana Vidyut Parsaran Nigam Ltd. to pay a compensation of Rs.75000/- for illegal disconnection, loss and damages suffered by the complainant.  In the appeal, the State Commission has set aside the said order by observing that the complaint has been allowed merely on assumption and presumption, there being no evidence led from the side of the complainant to establish any actual financial loss suffered by it on account of such illegal disconnection of the electricity to the premises of the complainant.

2.       We have heard Mr. Kalra, learned counsel for the petitioner.  The Registry has reported a delay of 162 days in filing the present petition and an application for condonation of delay has also been filed on behalf of the petitioner.  We have carefully considered the grounds/reasons set up in the said application.  On doing so, we are of the opinion that the said grounds/reasons, even if they are believed to be true, do not afford sufficient cause entitling the petitioner for condonation of such large/undue delay in filing the present petition.  The application is, therefore, declined.

3.       Even otherwise, on merits also we find that the order passed by the State Commission is in strict consonance with the legal position and does not suffer from any illegality, material irregularity or jurisdictional error, which calls for any interference by this Commission.

4.          Dismissed.

 

 
......................J
R. C. JAIN
PRESIDING MEMBER
......................
S. K. NAIK
MEMBER

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