NCDRC

NCDRC

RP/2236/2008

PUNJAB STATE ELECTRICITY BOARD - Complainant(s)

Versus

MOHINDER KAUR - Opp.Party(s)

MRS. KAMALDEEP GULATI

26 Sep 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2236 OF 2008
 
(Against the Order dated 24/10/2007 in Appeal No. 1220/2001 of the State Commission Punjab)
WITH
IA/5968/2013
1. PUNJAB STATE ELECTRICITY BOARD
MODEL TOWN SPECIAL DIVISION
LUDHIANA
PUNJAB
...........Petitioner(s)
Versus 
1. MOHINDER KAUR
R/O H.NO.533/33,SUNET
LUDHIANA
PUNJAB
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE K.S. CHAUDHARI, PRESIDING MEMBER
 HON'BLE MR. DR. B.C. GUPTA, MEMBER

For the Petitioner :
Mrs.Kamaldeep Gulati, Advocate
For the Respondent :
Ex-parte

Dated : 26 Sep 2013
ORDER

Petitioner has filed IA No.5968/2013 application for amendment in the memo of parties and submitted that petitioner name has been change from Punjab State Electricity Board to Punjab State Power Corporation Limited and necessary amendment may be allowed in the memo of parties. Application is allowed. Petitioner has already filed ameded memo of parties. -2- Heard learned counsel for the petitioner and perused the record. Petitioner filed revision petition against the impugned order dated 24.10.2007 passed by learned State Commission by which while dismissing appeal, order of District Forum allowing complaint and quashing demand of Rs.67,221/- raised by opposite party-petitioner was upheld. The complaint pertains to offence committed u/s 135 Indian Electricity Act and against the assessment made by assessment officer for the theft of electricity. In the light of judgment passed by Honle Apex Court in Civil Appeal No.5466 of 2012 .P.Power Corporation Ltd. & Ors. Vs. Anis Ahmad, this complaint is not maintainable before District Forum under Consumer Protection Act. Consequently, revision petition filed by the petitioner is allowed and impugned order dated 24.10.2007 passed by learned State Commission in Appeal No.1220/2001- Punjab State Electricity Board s- Mahinder Kaur is set aside and complaint stands dismissed. Liberty is granted to the Respondent to seek appropriate remedy available to him before the appropriate forum.

 
......................J
K.S. CHAUDHARI
PRESIDING MEMBER
......................
DR. B.C. GUPTA
MEMBER

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