NCDRC

NCDRC

RP/2215/2008

ELECTRICAL EXECUTIVE ENGINEER . BIHAR ELECTRICITY BOARD & ANR - Complainant(s)

Versus

LAKHAN SINGH - Opp.Party(s)

MR. MOHIT KUMAR SHAH

22 Aug 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2215 OF 2008
 
(Against the Order dated 07/02/2008 in Appeal No. 173/2006 of the State Commission Bihar)
1. ELECTRICAL EXECUTIVE ENGINEER . BIHAR ELECTRICITY BOARD & ANR
BHAGALPUR
BHAGALPUR
BIHAR
2. ASSTT. ELECTRICAL ENGINEER
AWAR PRAMANDAL TILKA MANJHI P.S.TILKA MANJHI
BHAGALPUR
HARYANA
3. THE WATRBASE LTD
ANANTHA PURAM
NILLOR 524344
ANDHRA PRADESH
4. THE WATERBASE LTD
R/O 371,AGREASEN NAGAR
GANGANAGAR
RAJASTHAN
...........Petitioner(s)
Versus 
1. LAKHAN SINGH
Moh. Darshan Nagar, Salempur P.O. Cahpra
Distt. SARAN
BIHAR
2. Sh Lakhan Singh
Moh. Darshan Nagar, Salempur, P.O. Chapra
Distt SARAN
Bihar
...........Respondent(s)

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

For the Petitioner :
Ms. Shilpi Shah, Proxy Counsel for
Mr. Mohit Kumar Shah, Advocate
For the Respondent :NEMO

Dated : 22 Aug 2013
ORDER

None appeared for the respondent. Heard learned proxy counsel for the petitioner and perused the record. Petitioner filed revision petition against the impugned order dated 07.02.2008 passed by learned State Commission by which while partly allowing appeal, order of District Forum allowing complaint and quashing demand of Rs. 63,033.37/- raised by opposite party-petitioner was modified. This complaint pertains to offence committed u/s 135 Indian Electricity Act and against the assessment made by assessment officer for 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 07.02.2008 passed by learned State Commission in Appeal No. 173/2006 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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