Uttar Pradesh

StateCommission

RP/164/2018

Ex. Engineer Vidyut Vitaran Khand - Complainant(s)

Versus

Nitin Singh S/O Shri Shiv DArshan Singh Prop. Krishan Food and Beverage Co. - Opp.Party(s)

Deepak Mehrotra

17 Feb 2023

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, UP
C-1 Vikrant Khand 1 (Near Shaheed Path), Gomti Nagar Lucknow-226010
 
Revision Petition No. RP/164/2018
( Date of Filing : 02 Nov 2018 )
(Arisen out of Order Dated 04/01/2018 in Case No. C/452/2017 of District Auraiya)
 
1. Ex. Engineer Vidyut Vitaran Khand
Distt. Auraiya
...........Appellant(s)
Versus
1. Nitin Singh S/O Shri Shiv DArshan Singh Prop. Krishan Food and Beverage Co.
ASU POst Sahayal Tehsil Vidhuna Distt. Auraiya
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. Rajendra Singh PRESIDING MEMBER
 HON'BLE MR. SUSHIL KUMAR JUDICIAL MEMBER
 
PRESENT:
 
Dated : 17 Feb 2023
Final Order / Judgement

ORAL

State Consumer Disputes Redressal Commission

U.P. Lucknow.

Revision No.164 of 2018

Executive Engineer, Vidyut Vitran Khand,

Diviyapur, District, Auraiya.                             ...Revisionist.

Versus

M/s Krishna Food and Beverage Company,

Asu Post Sahayal, Tehsil Vidhuna, District,

Auraiya through its Proprietor Nitin Singh

S/o Shiv Darshan Singh, Vill. Asu, Post

Sahayal, Vidhuna, District, Auraiya.                …Respondent.

Present:-

1- Hon’ble Sri Rajendra Singh, Presiding Member.

2- Hon’ble Sri Sushil Kumar, Member.

Sri Deepak Mehrotra, Advocate for revisionist.

Sri Umesh Kumar Sharma, Advocate for the respondent.

Date 17.2.2023

JUDGMENT

Per Sri Sushil Kumar,  Member- This revision has been filed against the order dated 4.1.2018 passed by the ld. District Forum, Auraiya in complaint case no.452 of 2017, M/s Krishna Food and Beverage Company vs. Executive Engineer, Vidyut Vitran Khand  & ors., whereby the ld. District Forum stayed the recovery of electric charges from the complainant.

We have heard ld. counsel for the parties and perused the record.

The ld. counsel for the revisionist argued that the complainant is a businessman. He runs his business by consuming heavy load of electricity. Therefore, stay order is illegal. The Electricity Department is entitled to recover the electric charges from the complainant/consumer.

          On perusal of the complaint, it appears that the complainant runs a flour mill and consumed 20 KV of electricity, so prima-facie it appears that the complainant is a businessman, therefore, this is no occasion to grant the stay order against the recovery of electric charges. Hence, this revision deserves to be allowed.

 

(2)

ORDER

          Revision is allowed. The impugned order dated 4.1.2018 passed by the ld. District Forum, Auraiya in complaint case no.452 of 2017 is hereby set aside. Although the ld. District Forum is directed to dispose of the case within 3 months from the date of receiving the certified copy of order.

          The stenographer is requested to upload this order on the Website of this Commission today itself. 

          Certified copy of this judgment be provided to the parties as per rules.       

 

 

        (Sushil Kumar)                              (Rajendra Singh)

              Member                                  Presiding Member

Judgment dated/typed signed by us and pronounced in the open court.

Consign to record.

 

        (Sushil Kumar)                              (Rajendra Singh)

              Member                                  Presiding Member

Jafri, PA I

Court 2

 

 

 

 

 

 

 
 
[HON'BLE MR. Rajendra Singh]
PRESIDING MEMBER
 
 
[HON'BLE MR. SUSHIL KUMAR]
JUDICIAL MEMBER
 

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