NCDRC

NCDRC

RP/2508/2008

UTTAR HARYANA BIJLI VITRAN NIGAM LTD. - Complainant(s)

Versus

KAMLA DEVI - Opp.Party(s)

MR. ARVIND KUMAR

25 Jul 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2508 OF 2008
 
(Against the Order dated 03/12/2007 in Appeal No. 2832/2007 of the State Commission Haryana)
1. UTTAR HARYANA BIJLI VITRAN NIGAM LTD.
Sub Devisional Office O.P. Sub Division Kundli
Sonepat
Haryana
...........Petitioner(s)
Versus 
1. KAMLA DEVI
Resident of Gali no.3, Piau Maniyari
Sonepat
Haryana
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE K.S. CHAUDHARI, PRESIDING MEMBER
 HON'BLE MR. DR. B.C. GUPTA, MEMBER

For the Petitioner :
Mr. Zartab Ansari, Advocate
For Mr. Arvind Nayar, Advocate
For the Respondent :
Mr. N.P.S. Panwar, Advocate

Dated : 25 Jul 2013
ORDER

Heard learned counsel for the parties and perused the record. This revision petition has been filed by the petitioner against the impugned order dated 3.12.2007 passed by learned State Commission in first Appeal Number 2832/2007 S.D.O. UHBVN Op. Sub Division, Kundli District Sonepat & Anr. Vs. Smt. Kamla Devi by which while dismissing appeal order by District Forum quashing demand of Rs. 36,734/- was upheld. Learned counsel for respondent submitted that so far to his knowledge there is no any other authority before which matter can be agitated and respondent would be put to irreparable loss if revision is allowed. Learned counsel for petitioner submitted that he is not aware whether any appropriate authority for redressal of grievances has been established or not. This complaint pertains to offence committed U/S 135 Indian Electricity Act and against the assessment made by assessment officer against the theft of Electricity. In the light of judgment passed by Honle Apex Court in Civil Appeal No. 5466 of 2012 .P. Power Corporation Ltd. & Ors. Vs. Anis Ahmad this complaint is not maintainable before district forum under Consumer Protection Act. Consequently, revision petition filed by the petitioner is allowed and impugned order dated 3.12.2007 passed by learned State Commission in First Appeal No. 2832/2007 is set aside and complaint stands dismissed. Liberty is granted to the respondent to seek appropriate remedy available to him before the appropriate forum.

 
......................J
K.S. CHAUDHARI
PRESIDING MEMBER
......................
DR. B.C. GUPTA
MEMBER

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