NCDRC

NCDRC

RP/1156/2006

SAMAY SINGH - Complainant(s)

Versus

PASHCHIMANCHAL VIDYUT VITARAN NIGAM LTD. - Opp.Party(s)

MR. ASHUTOSH SHARMA

19 Jul 2010

ORDER


NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. 1156 OF 2006
(Against the Order dated 29/03/2006 in Appeal No. 83/2004 of the State Commission Uttar Pradesh)
1. SAMAY SINGHVILLAGE NANGLI NAGHLA NOIDA JANPAT GAUTAM BUDH NAGAR UP ...........Petitioner(s)
Versus
1. PASHCHIMANCHAL VIDYUT VITARAN NIGAM LTD.HOSIERY COMPLEX PHASE II NOIDA GAUTAM BUDH NAGAR ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENTHON'BLE MRS. VINEETA RAI ,MEMBER
For the Petitioner :Mr. S. K. Sharma, ADv. for MR. ASHUTOSH SHARMA, Advocate
For the Respondent :NEMO

Dated : 19 Jul 2010
ORDER

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Respondent inspite of service is not present.  Ordered to be proceeded ex-parte.

          Complainant/petitioner’s case is that in the year 1995 after electrification in his village, villagers were given electricity connection

 

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except for the complainant and few others.  In the year 2002, complainant along with others contacted the respondent for getting electric connection and installation of meter, but instead of giving the connection and installing the meter, the respondent sent a bill for Rs.39,940/-, which according to the petitioner, was illegal and incorrect.  Thus being aggrieved, petitioner filed a complaint before the District Forum.

          District Forum after taking into consideration the pleadings and the evidence led by the parties recorded a finding that the respondent failed to show from any documentary evidence that electric connection had ever been provided to the petitioner; that the bill issued in the year 1991 was cancelled qua the respondent in the year 1993 being baseless as no electric connection was ever provided to the respondent.

          Respondent being aggrieved filed an appeal before the State Commission.  The State Commission without recording a finding as to whether the respondent had ever given electric connection to the


 

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petitioner, set aside the order passed by the District Forum on the ground that it was a case of unmetered supply and no electricity meter was required to be installed.  Question as to whether the supply was metered or unmetered would arise only after determining whether the electric connection was ever given to the petitioner.  The District Forum had recorded a finding that the electric connection was never given.  The State Commission was required to find and record a finding on the point whether the electric connection was ever given to the petitioner which it has not done.  The State Commission has missed the point totally.

          For the reasons stated above, this case needs to be remanded back to the State Commission to record a firm finding as to whether the respondent had given the electric connection to the petitioner and that the petitioner had consumed the electricity. 

          The case is remanded back to the State Commission for a fresh decision as per directions issued above.  Petitioner is directed to appear before the State Commission on 27.9.2010.


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          Since it is an old case, we would request the State Commission to dispose of the Revision Petition as early as possible and, preferably, within a period of six months from the date of receipt/production of certified copy of this order.

          Revision Petition stands disposed of in above terms.

 



......................JASHOK BHANPRESIDENT
......................VINEETA RAIMEMBER