NCDRC

NCDRC

RP/2968/2008

UTTAR HARYANA BIJLI VITRAN NIGAM LTD - Complainant(s)

Versus

OM PARKASH - Opp.Party(s)

MR. ARVIND NAYAR

25 Nov 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2968 OF 2008
 
(Against the Order dated 29/04/2008 in Appeal No. 1021/2008 of the State Commission Haryana)
1. UTTAR HARYANA BIJLI VITRAN NIGAM LTD
Sub Divisional Officer O.P.Sub Division munak .
KARNAL
HARYANA
...........Petitioner(s)
Versus 
1. OM PARKASH
S/O.Shri Jai Lal Resident of Village& Post Office Ballah
KARNAL
HARYANA
...........Respondent(s)

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

For the Petitioner :
Mr. Arvind Nayar, Advocate
Mr. Zartab Anwar, Advocate
For the Respondent :
NEMO

Dated : 25 Nov 2013
ORDER

PER JUSTICE K.S. CHAUDHARI, PRESIDING MEMBER This revision petition has been filed by the petitioner against the order dated 29.04.2008 passed by Haryana State Consumer Disputes Redressal Commission, Panchkula (in short, he State Commission in Appeal No. 1021 of 2008 Uttar Haryana Bijli Vitran Nigam Ltd. Vs. Om Parkash by which, while dismissing appeal, order of District Forum allowing complaint and quashing demand was upheld. 2. Heard learned Counsel for the parties and perused record. 3. This complaint pertains to offence committed under Section 135 Indian Electricity Act 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 U.P. Power Corporation Ltd. & Ors. Vs. Anis Ahmad, this complaint is not maintainable before District Forum under Consumer Protection Act. 4. Consequently, revision petition filed by the petitioner is allowed and impugned order dated 01.02.2012 passed by learned State Commission in First Appeal No. 1179/2011 is set aside and complaint stands dismissed. 5. 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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