Delhi

StateCommission

FA/518/2014

RAVI RANJAN KUMAR - Complainant(s)

Versus

N.D.P.L. - Opp.Party(s)

18 Jul 2014

ORDER

IN THE STATE COMMISSION DELHI
Constituted under Section 9 of the Consumer Protection Act, 1986
 
First Appeal No. FA/518/2014
(Arisen out of Order Dated in Case No. of District State Commission)
 
1. RAVI RANJAN KUMAR
R/O H.No.B-383, SWAROOP NAGAR, DELHI-42.
...........Appellant(s)
Versus
1. N.D.P.L.
NDPL HOUSE, HUDSON LANE, KINGSWAY CAMP, DELHI-09.
...........Respondent(s)
 
BEFORE: 
 HONABLE MRS. Salma Noor PRESIDING MEMBER
 HON'ABLE MR. JUSTICE N.P KAUSHIK MEMBER
 
For the Appellant:
For the Respondent:
ORDER

IN THE STATE COMMISSION : DELHI

(Constituted under Section 9 of the Consumer Protection Act, 1986)

 

                       Date of Decision:   18.07.2014

                                                            

First Appeal No. - 518/2014

(Arising from the order dated 25.04.2014 passed by District Forum (North West), Shalimar Bagh, Delhi in Complaint Case No. 1183/2010)

 

Ravi Ranjan Kumar,

S/o Sh. Virender Prashad,

R/o H.No. B-383, Swaroop Nagar, Delhi-110042.

 

 

 

 

 

 

            

…………… Appellant

 

 

 

 

 

 

 

Vs

 

North Power Delhi Distribution Limited, NDPL House, Hudson Lane, Kingsway Camp,

Delhi-110009.

 

 

 

 

 ……….. Respondent

 

 

 

 

Coram

 

SalmaNoor,PresidingMember

 

NP Kaushik,Member(Judicial)

 

 

 

1.

Whether reporters of local newspaper be allowed to see the judgment? 

2.

To be referred to the reporter or not?

 

 

 

N P Kaushik, Member (Judicial)  

    
 

 

  1. Heard Shri Ravi Ranjan Kumar, appellant present in person on admission.

 

  1. The appellant has impugned the following order passed by the Ld. District Forum:

“In the case of U.P. Electricity Corporation & Ors v. Anis Ahmed, Civil Appeal No.5466 of 2012, the Hon’ble Supreme Court has held that cases of misuse of electricity cannot be taken by this forum.  The present one is also a case of misuse where the OP has alleged misuse of electricity.

 

        In view of the order of the Hon’ble Supreme Court, the present case cannot be taken up by this forum and the same is hereby dismissed as non-maintainable.  However, the order of stay granted against disconnection shall remain in force for a period of 60 days.

 

        A copy of this order be sent to the parties as per law.  The file be consigned to the record room.”

 

  1. The present complaint pertains to misuse/theft of electricity.  The law on the subject is contained in Delhi Electricity Act.  The North Delhi Power Ltd. is a distribution company who has alleged misuse/theft of electricity against the appellant, Ravi Ranjan Kumar.  NDPL is a distribution company and by no stretch of imagination can be termed as ‘consumer’ as per scheme of Consumer Protection Act, 1986.  Present appeal preferred by the appellant is hence dismissed in limine.
  2. FDR/Bank Guarantee, if any, furnished by the appellant be returned forthwith after completion of due formalities.
  3. A copy of this order as per the statutory requirements be forwarded to the parties free of charge and also to the concerned District Forum and thereafter the file be consigned to Record Room.

 

 

 

 
 
[HONABLE MRS. Salma Noor]
PRESIDING MEMBER
 
[HON'ABLE MR. JUSTICE N.P KAUSHIK]
MEMBER

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