NCDRC

NCDRC

RP/619/2014

ASSISTANT ENGINEER. (CSD-IV) AJMER VIDYUT BITRAN NIGAM LTD. & 2 ORS. - Complainant(s)

Versus

OM PRAKASH - Opp.Party(s)

MR. MANU MRIDUL & MR. SHALAJ MRIDUL

27 Feb 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 619 OF 2014
 
(Against the Order dated 07/10/2013 in Appeal No. 536/2013 of the State Commission Rajasthan)
WITH
IA/150/2014
1. ASSISTANT ENGINEER. (CSD-IV) AJMER VIDYUT BITRAN NIGAM LTD. & 2 ORS.
AJMER VIDYUT BITRAN NIGAM LTD,
AJMER
RAJASTHAN
2. MANAGING DIRECTOR,
AJMER VIDYUT VITRAN NIGAM LTD,
AJMER
RAJASTHAN
3. AJMER VIDYUT VITRAN NIGAM LTD.,
THROUGH ITS CHIEF ENGINEER (AJMER DIVISION) AJMER VIDYUT VITRAN NIGAM LTD,
AJMER
RAJASTHAN
...........Petitioner(s)
Versus 
1. OM PRAKASH
S/O SHRI RAMSWAROOP. R/O ANGEERA NAGAR,
AJMER
RAJASTHAN
...........Respondent(s)

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

For the Petitioner :
Mr. Manu Mridul, Advocate
For the Respondent :
Mr. Umesh Nagpal, Advocate

Dated : 27 Feb 2014
ORDER

Counsel for the parties present.  The allegation of the peititoner/OP-Ajmer Vidyut Bitran Nigam Ltd. is that the respondent had tampered with the electricity connection and had thereby committed the theft of the electricity.  This fact is denied by the respondent.

However, in view of the allegation and in view of the Supreme Court’s authority reported in the case of “U.P. Power Corporation Ltd. & Ors. Vs. Anis Ahmad” in Civil Appeal No. 5466 of 2012 arising out of SLP (C) No. 35906 of 2011, this Commission has no jurisdiction to try this case.

Therefore, we set aside the orders passed by the Fora below but liberty is granted to the respondent/complainant to approach the appropriate Forum, for redressal of his grievances.  So far as the limitation is concerned, he can seek help from Laxmi Engineering Works Vs. P.S.G. Industrial Institute [(1995) 3 Supreme Court Cases 583].

The Revision Petition stands disposed of.

 

 

 
......................J
J.M. MALIK
PRESIDING MEMBER
......................
DR. S.M. KANTIKAR
MEMBER

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