ORAL

 STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                           UTTAR PRADESH, LUCKNOW

                           APPEAL NO. 1135 OF 2023

(Against the order dated 12-06-2023 in Complaint Case No.21/2014       of the District Consumer Commission, Barabanki)

            Mubeen, S/o Mohd. Hameed

            R/o Mohalla Lakhpedabad

            City and TEhsil Nawabganj

            District Barabanki

                                                                                   ...Appellant

                                                     Vs.

Madhyanchal Vidyut Vitran Nigam Limited

Station Road (Ghusiyana)

District Barabanki

Through its Executive Engineer

                                                                                     ...Respondent

BEFORE:

HON'BLE MR. JUSTICE ASHOK KUMAR, PRESIDENT

For the Appellant        :  Sri Adnan Ahmad, Advocate.

For the Respondent     : 

Dated : 27-07-2023

                                            JUDGMENT

           MR. JUSTICE ASHOK KUMAR, PRESIDENT

The instant appeal has been filed under Section 41 of the Consumer Protection Act 2019 against the judgment and order of the District Consumer Commission, Barabanki dated 12-06-2023 passed in Complaint Case No. 21/2014 by which the complaint has been dismissed.

Sri Adnan Ahmad, learned Counsel for the appellant appeared.

The submission of the learned Counsel for the appellant is that the learned District Consumer Commission has dismissed the complaint in most illegal manner without considering the matter in correct perspective.

I have perused the impugned judgment and order passed by the learned District Consumer Commission.

The learned District Consumer Commission has recorded a categorical finding in its judgment that the opposite party has

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inspected the premises of the complainant 02-08-2011 and found that the complainant was using electricity illegally. The complainant has deposited Rs.8,000/- as ‘Saman Sulka’ with the opposite party on 02-08-2013. The opposite party, thereafter, issued the final assessment bill of Rs.46,996/- to the complainant. The complainant has concealed this fact in the complaint. The District Consumer Commission has recorded in its finding that the complainant is not entitled to any relief and has dismissed the complaint.  

            I have heard learned Counsel for the appellant at the time of admission of this appeal and have also gone through the judgment and order passed by the learned District Consumer Commission and the findings recorded by the District Consumer Commission in its order and I do not find any substance in this appeal for admission since the matter in dispute in between the parties pertaining to assessment under Section-126 of the Electricity Act is not cognizable by the Consumer Fora as is held by the Hon’ble Supreme Court in the case of U.P. Power Corporation Limited and others V/s Anees Ahmad in Civil Appeal No. 5466/2012 (arising out of SLP No. 35906 of 2011 on 01-07-2013) and the impugned order passed by the learned District Consumer Commission in the light of the aforesaid findings does not have any irregularity or illegality to assail the impugned order. Hence, this appeal is liable to be dismissed accordingly.

                      ORDER

The appeal is dismissed. The judgment and order of the District Consumer Commission is confirmed.

Let copy of this order be made available to the parties as per rules.

The Stenographer is requested to upload this order on the website of this Commission at the earliest.

                 ( JUSTICE ASHOK KUMAR )

                               PRESIDENT

Pnt.