Maharashtra

StateCommission

RP/10/102

THE BOMBAY ELECTIC SUPPLY AND TRANSPORT UNDERTAKING - Complainant(s)

Versus

M/S MITAL COURT PREMISES CO-OP SOCIETY LTD - Opp.Party(s)

A B KETKAR

15 Sep 2010

ORDER


BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL

COMMISSION, MAHARASHTRA, MUMBAI
Revision Petition No. RP/10/102
(Arisen out of Order Dated 29/07/2010 in Case No. 319/2009 of District DCF, South Mumbai)
1. THE BOMBAY ELECTIC SUPPLY AND TRANSPORT UNDERTAKINGGENERAL MANAGER ELECTIC HOUSE BEST MARG COLABA MUMBAI MUMBAI MAHARASHTRA ...........Appellant(s)

Versus
1. M/S MITAL COURT PREMISES CO-OP SOCIETY LTD MITTAL COURT A WING 224 NARIMAN POINT MUMBAI 400021MUMBAI MAHARASHTRA ...........Respondent(s)

BEFORE :
Hon'ble Mr. P.N. Kashalkar PRESIDING MEMBERHon'ble Mrs. S.P.Lale Member
PRESENT :A B KETKAR , Advocate for the Petitioner 1 Mr.Satyajit Mirajkar, Advocate for the Respondent 1

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ORDER

Per Mr.P.N.Kashalkar, Hon’ble Presiding Judicial Member

 

          In the pending consumer complaint No.319/2009 an application for amendment was made by the complainant.  That application for amendment was allowed despite the objection taken in that behalf by the BEST Undertaking.  While allowing the amendment application filed by the complainant, Forum below simply observed that complainant had pleaded that O.P. was seeking to recover bill for the year 2002 whereas O.P’s. claim for recovery of the said bill was barred by limitation.  Forum below also observed that the Indian Electricity Act, 2003 came into force in the year 2003, but since bill of 2002 is claimed by O.P. that bill will be governed by the Indian Electricity Act, 1910.  This is the only observation made by the Forum below while allowing the amendment application.  It is this observation which has been taken exception of strongly by filing this Revision Petition by the BEST Undertaking.

          We are of the view that this observation of the Learned District Consumer Forum will not in any way come in the way of BEST Undertaking in its defence.  They have to proceed with the matter.  It is true that if bill of 2002 has been sought to be recovered by the bill issued by BEST Undertaking in 2008 then that bill will be subject to law of limitation and Forum below is within its rights to apply law of limitation as it was available in terms of the Indian Electricity Act, 1910.  But, the objection taken to this observation made in the order passed by the Forum below in amendment application is not in any way injurious to the interest of BEST Undertaking.  They have got all the remedies open and they can raise all the defences before the Forum below in the course of hearing of this complaint.  We are therefore finding no substance in the Revision Petition filed in this behalf by the BEST Undertaking.  So, Revision Petition will have to be dismissed summarily.  Hence, we pass the following order:-

                   -: ORDER :-

1.       Revision Petition stands dismissed summarily.

2.       However, we direct the District Consumer Forum shall direct the respondent to pay certain amount out of bill of Rs.1,90,000/- because without ordering to pay anything, Forum below had passed order of stay to the discontinuation.  It is advisable that Forum below should dispose of the Interim Relief Application after hearing both the parties as expeditiously as it can.

3.       No order as to costs.

4.       Copies of the order be furnished to the parties.

 

PRONOUNCED :
Dated : 15 September 2010

[Hon'ble Mr. P.N. Kashalkar]PRESIDING MEMBER[Hon'ble Mrs. S.P.Lale]Member