This Revision Petition under Section 21(b) of the Consumer Protection Act, 1986, has been filed by Ajmer Vidyut Vitran Nigam Ltd. (“the Nigam” for short) questioning the correctness of order dated 28.4.2011, passed by Rajasthan State Consumer Disputes Redressal Commission, Circuit Bench (Court No.2), Jaipur, in Appeal No.1983/2005.  By the said order, the State Commission has partly allowed the Appeal preferred by the Respondent/Complainant against the order dated 27.10.2005 passed by the District Forum, Chittaurgarh (Rajasthan) in Complaint No.51/2005.

As per office report, respondent has been served.  However, no one appears for the respondent.

Having heard learned counsel for the Petitioner, we are of the opinion that in the light of the decision of the Hon’ble Supreme Court in U.P. Power Corporation Ltd. & Ors. vs. Anis Ahmad – (2013)8 SCC 491, wherein it has been held that a complaint against assessment made under Section 126 or action taken against those committing offences under Section 135 to 140 of the Electricity Act, 2003 is not maintainable under the Act, the complaint filed by the respondent before the District Forum was not maintainable.

 The complaint in the present case was filed by the complainant against a Notice issued under Section 135/138/152 of the Electricity Act, 2003.  Therefore, in the light of the authoritative pronouncement of the Supreme Court in Anis Ahmed’s case (supra), the complaint itself was not maintainable.  Accordinlgy, the Revision Petition is allowed and the complaint is dismissed with no order as to costs.