NCDRC

NCDRC

RP/1856/2014

JAIPUR VIDYUT VITRAN NIGAM LTD - Complainant(s)

Versus

NARAYAN & ANR - Opp.Party(s)

M/S. NANDWANI & ASSOICATES

16 Sep 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1856 OF 2014
 
(Against the Order dated 10/01/2014 in Appeal No. 1406/2011 of the State Commission Rajasthan)
1. JAIPUR VIDYUT VITRAN NIGAM LTD
THROUGH A.S KAMLANKER, EXECUTIVE ENGINEER, (O&M) J.V.V.N.L. BANDKUI
DISTRICT : DAUSA
RAJASTHAN
...........Petitioner(s)
Versus 
1. NARAYAN & ANR
S/O DHOKAL, R/O BASADA, THE SIKRAI
DISTRICT : DAUSA
RAJASTHAN
2. SHARVAN , S/O DHOKAL
R/O BASADA, THE SIKRAI
DISTRICT : DAUSA
RAJASTHAN
...........Respondent(s)

BEFORE: 
 HON'BLE MR. DR. S.M. KANTIKAR, PRESIDING MEMBER

For the Petitioner :
Mr. K. L. Nandwani, Advocate
For the Respondent :
Mr. Shiv Raj Singh, Auth. Rep.

Dated : 16 Sep 2014
ORDER

 

1.      Learned counsel for the petitioner present.  Shri Shiv Raj Singh, authorized representative of respondent/complainant is present.  He has submitted the authority letter.

2.      There is delay of 10 days in filing the revision petition.  An application for condonation of delay has been filed.

3.      For the reasons mentioned in the application for condonation of delay, the application is allowed and the delay is condoned.

4.       This is a case of theft of electricity.  Consequently, this Commission has no jurisdiction to try this case as per the law laid down by the Apex Court in U.P. Power Corporation Limited & Ors. vs. Anis Ahmed, (2013) 8 SCC 491.  Therefore, we hereby set aside the orders passed by fora below and dismiss the complaint.  The complainant is at liberty to seek redressal of his grievances from the appropriate forum by approaching the same within a period of 90 days from today.

4.      So far as question of limitation is concerned, he can take benefit of the decision rendered in Laxmi Engineering Works v. P.S.G. Industrial Institute 1995 (3) SCC 583.

The revision petition is allowed.

 
......................
DR. S.M. KANTIKAR
PRESIDING MEMBER

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