NCDRC

NCDRC

RP/2098/2009

NAVAL KISHORE SHARMA - Complainant(s)

Versus

M.P.M.K.V.V. CO. LTD. - Opp.Party(s)

IN PERSON

30 Jul 2009

ORDER

Date of Filing: 20 Feb 2009

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. No. RP/2098/2009
(Against the Order dated 24/11/2008 in Appeal No. 1907/2006 of the State Commission Madhya Pradesh)
1. NAVAL KISHORE SHARMAS/o. Shri Ramhet Shharma R/o. Gram Jamudi Tehsil Vijaypur Shcopur ...........Appellant(s)

Vs.
1. M.P.M.K.V.V. CO. LTD.Through Executive Engineer Sheopur M.P ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENTHON'BLE MR. B.K. TAIMNI ,MEMBER
For the Appellant :NEMO
For the Respondent :NEMO

Dated : 30 Jul 2009
ORDER

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          This revision petition has been filed by the petitioner in person.

          Petitioner is not present.

          Briefly stated, the facts are that the complainant/petitioner filed a complaint with the allegation that he had applied for a residential electricity connection with the respondent and deposited all the required amounts, but the respondent failed to give the electricity connection and instead, sent a bill to the complainant in a sum of

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Rs.15,451/-.  Aggrieved against this, petitioner filed a complaint before the District Forum.

          District Forum vide its order dated 21.8.2006 dismissed the complaint being barred by time as cause of action had arisen in the year 1992 whereas the complaint was filed in the year 2005.

          Aggrieved against the order passed by the District Forum, petitioner filed an appeal before the State Commission which has been dismissed.

          On scrutiny of papers, office found that the revision petition filed was defective and sent the same back to the petitioner to file the same in four sets plus the number of respondents as per the procedure.  No action was taken by the petitioner.  Notice for today’s hearing was sent to the petitioner.  Even on second call, petitioner is not present.  Otherwise also, we agree with the view taken by the foras below.  The complaint was filed after a period of 13 years from the arising of cause of action.  As per provisions of Section 24 (a) of the Consumer Protection Act, 1986 complaint could be filed within two years from the arising of cause of action. 

 

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            We agree with the view taken by the foras below that the complaint was hopelessly barred by time.  Revision petition is dismissed.



......................JASHOK BHANPRESIDENT
......................B.K. TAIMNIMEMBER