NCDRC

NCDRC

RP/130/2019

UTTAR HARYANA BIJLI VITRAN NIGAM LTD. & 3 ORS. - Complainant(s)

Versus

MAMTA - Opp.Party(s)

MR. AABHAS KSHETARPAL

09 May 2024

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 130 OF 2019
(Against the Order dated 10/09/2018 in Appeal No. 729/2017 of the State Commission Haryana)
1. UTTAR HARYANA BIJLI VITRAN NIGAM LTD. & 3 ORS.
THROUGH ITS MANAGING DIRECTOR,
PANCHKULA
HARYANA
2. UTTAR HARYANA BIJLI VITRAN NIGAM LTD.
(THROUGH ITS SUPERINTENDING ENGINEER) OPERATION CIRCLE,
SONIPAT
HARYANA
3. SUB-DIVISIONAL OFFICER
OPERATION CIRCLE,
SONIPAT
HARYANA
4. JUNIOR ENGINEER
SUB OFFICE, BHATGAON,
SONIPAT
HARYANA
...........Petitioner(s)
Versus 
1. MAMTA
W/O. ANAND SINGH D/O. MANGE RAM, R/O. HOUSE NO. 2/412, PATTHAR WALI GALI,ARYA NAGAR, NEAR CITY POLICE STATION
SONIPAT-131001
HARYANA
...........Respondent(s)

BEFORE: 
 HON'BLE AVM J. RAJENDRA, AVSM VSM (Retd.),PRESIDING MEMBER

FOR THE PETITIONER :
FOR THE PETITIONER : MR.NEELAABH BIST, PROXY COUNSEL FOR
MR. AABHAS KSHETARPAL, ADVOCATE
FOR THE RESPONDENT :
FOR THE RESPONDENT : MR.D. SATYA SAI SUMANTH, ADVOCATE

Dated : 09 May 2024
ORDER

1.      The present case pending before us essentially pertains to “Theft of Electricity”. The pleadings in the case reveal accusation of theft of electricity against the Complainant and the Opposite Party had issued Notice dated 30.01.2017 to the Complainant under Section 135 of the Electricity Act, 2003 in this regard. 

 

2.      In view of the order of the Hon’ble Supreme Court in “UP Power Corporation Ltd. and Others Vs. Anis Ahmed” (Civil Appeal No.5466 of 2012 decided on 1.7.2013), the complaint filed by the Respondent/Complainant in the present case before the District Forum under the Consumer Protection Act, 1986, is not maintainable.

 

3.         Consequently, the present Revision Petition is allowed and the complaint filed before the District Forum is dismissed. However, liberty is granted to the Complainant/Respondent to seek legal remedy available to him before the appropriate Forum.

 
...................................................................................
AVM J. RAJENDRA, AVSM VSM (Retd.)
PRESIDING MEMBER

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