Rajasthan

StateCommission

A/1296/2015

Gopal Lal s/o Deep Chand Singhal - Complainant(s)

Versus

J.V.V.N.Ltd. - Opp.Party(s)

D.M.Mathur

10 Nov 2015

ORDER

BEFORE THE CONSUMER DISPUTES REDRESSAL COMMISSION,RAJASTHAN,JAIPUR BENCH NO.1

 

 

FIRST APPEAL NO: 1296/2015

 

Gopal Lal s/o Deepchand Singhal r/o Purani Aanaj Mandi, Tehsil Gangapur city, Distt. Sawaimadhopur.

 

Vs.

 

Jaipur Vidyut Vitran Nigam Ltd. ,Gangapur city, Sawaimadhopur through A.En. (A-1) & ors.

 

 

Date of Order 10.11.2015

 

Before:

Hon'ble Mrs. Justice Nisha Gupta- President

Mr. Kailash Soyal -Member

 

Mr. D.M.Mathur counsel for the appellant

 

 

 

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BY THE STATE COMMISSION ( PER HON'BLE MRS. JUSTICE NISHA GUPTA,PRESIDENT):

 

This appeal has been preferred against the order dated 30.9.2015 of the District Consumer Forum, Sawaimadhopur whereby the court below has held that the District Forum has no jurisdiction in the matter in view of s. 126 & 135, 138 of the Indian Electricity Act and reliance has been placed on the judgment of Hon'ble Supreme Court in UP Power Corporation Ltd. Vs. Anees Ahmed.

 

The contention of the counsel for the appellant is that in matters of electricity the Consumer Forums have jurisdiction and reliance has been placed on III (2015) CPJ 402 (NC) Ashok Ojha Vs. Jharkhand State Electricity Board & ors.

 

None has present on behalf of the respondent.

 

In Ashok Ojha (supra) it has been held that where Electricity Board has not given any notice u/s 126 or no assessment has been raised then the District Forum has jurisdiction but in the present case the pleadings of the appellant himself speaks that notice dated 11.9.2014 was issued to him

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alongwith the VCR dated 22.5.2014 and assessment of Rs.1,63,926/- has been made with the condition to deposit it within seven days. Hence, the facts of Ashok Ojha (supra) are quite distinguishable from the present matter.

 

In the present matter it is the allegation against the appellant that he used connection of industrial category into commercial category and used excessive electricity against sanctioned strength. Pulse in the meter was also shown slow and meter was tested in the lab and Consumer Forum was rightly of the opinion that case falls u/s 126 and 135,138 of the Indian Electricity Act and Ashok Ojha (supra) will not assist the appellant in any way.

 

In view of the matter there is no infirmity in the judgment passed by the court below and there is no merit in this appeal. The appeal is devoid of any merit and liable to be rejected.

 

(Kailash Soyal) (Nisha Gupta )

Member President

 

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