NCDRC

NCDRC

RP/780/2010

DINESH GUPTA - Complainant(s)

Versus

M.P. POORVA KSHETRA VIDYUT VITRAN CO. LTD. & ANR. - Opp.Party(s)

MR. VIKAS UPADHYAY

31 Mar 2010

ORDER


NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. 780 OF 2010
(Against the Order dated 18/01/2010 in Appeal No. 2030/2009 of the State Commission Madhya Pradesh)
1. DINESH GUPTAUdyog Vihar, Churahata (A.K.V.N.)RewaM.P. ...........Petitioner(s)
Versus
1. M.P. POORVA KSHETRA VIDYUT VITRAN CO. LTD. & ANR.Through- Executive Engineer, (Operation/Conservation), Zone M.P. Poorva Kshetra Vidyut Vitran Co. Ltd.Rewa(M.P.)2. JUNIOR ENGINEER, M.P. POORVA KSHETRA VIDYUT VITRAN CO. LTD.ChurahataRewa(M.P.) ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE R.C. JAIN ,PRESIDING MEMBERHON'BLE MR. ANUPAM DASGUPTA ,MEMBER
For the Petitioner :NEMO
For the Respondent :NEMO

Dated : 31 Mar 2010
ORDER

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Aggrieved by the order dated 18.01.2010, the petitioner has filed the present revision petition. By the impugned order, the State Commission has allowed the appeal filed by the Poorva Kshetra Vidyut Vitran Co. Ltd. against the order dated 22.08.2009 passed by the District Consumer Disputes Redressal Commission, Rewa in consumer complaint case no.369 of 2008. While allowing the appeal and dismissing the complaint, the State Commission has taken a view that the complainant was not a consumer within the meaning of section 2 (1)(d) of the Consumer Protection Act 1986 as he was having the industrial connection of 96 H.P. for running a Dall Mill. In our view, the view taken by the State Commission is eminently justified and is in consonance with the legal position. The District Forum had erred in entertaining and allowing the complaint which was rectified by the State Commission in the appeal. We do not see that the impugned order suffers from any illegality, material irregularity or jurisdictional error, which calls for interference by this Commission. Revision petition is dismissed.


......................JR.C. JAINPRESIDING MEMBER
......................ANUPAM DASGUPTAMEMBER