NCDRC

NCDRC

RP/1632/2008

UTTAR HARYANA BIJLI VITRAN NIGAM LTD. - Complainant(s)

Versus

PAWAN KUMAR - Opp.Party(s)

MR. ARUNABH CHOWDHURY

10 Sep 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1632 OF 2008
 
(Against the Order dated 12/11/2007 in Appeal No. 2803/2007 of the State Commission Haryana)
1. UTTAR HARYANA BIJLI VITRAN NIGAM LTD.
THROUGH ITS SUB - DIVISIONAL OFFICER, OPERATION CITY SUB - DIVISION, UHBVNL, SAFIDON, TEHSIL SAFIDON
DISTRICT JIND,
HARYANA
...........Petitioner(s)
Versus 
1. PAWAN KUMAR
RESIDENT OF SITA SHYAM COLONY, SAFIDON, TEHSIL SAFIDON,
DISTRICT JIND,
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. G. Panmei, Proxy Counsel
For the Respondent :
Mr. Punit Jain, Advocate

Dated : 10 Sep 2013
ORDER

Heard learned counsel for the parties and perused the record. Petitioner filed revision petition against the impugned order dated 11.12.2007 passed by learned State Commission by which while dismissing appeal, order of District Forum allowing complaint and quashing demand of Rs.2,00,000/- raised by opposite party-petitioner was upheld. This complaint pertains to offence committed u/s 135 Indian Electricity Act and 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 .P. Power Corporation Ltd. & Ors. Vs. Anis Ahmad this complaint is not maintainable before District Forum under Consumer Protection Act. Consequently, revision petition filed by the petitioner is allowed and impugned order dated 11.12.2007 passed by learned State Commission in First Appeal No. 2803/2007 is set aside and complaint stands dismissed. 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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