NCDRC

NCDRC

RP/939/2014

MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LIMITED - Complainant(s)

Versus

PRALHAD BAPURAO GHODSE - Opp.Party(s)

MR. AJIT S. BHASME & MR. PANKAJ KUMAR MISHRA

10 Sep 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 939 OF 2014
 
(Against the Order dated 26/06/2013 in Appeal No. 563/2011 of the State Commission Maharastra)
1. MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LIMITED
DEPUTY EXECUTIVE ENGINEER, RURAL DIVISION, SALE GALLI, LATUR, TALUKA & DISTT. LATUR
MAHARASHTRA
...........Petitioner(s)
Versus 
1. PRALHAD BAPURAO GHODSE
R/O AT POST SAKHARA TALUKA & DISTT.LATUR
MAHARASHTRA
...........Respondent(s)

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

For the Petitioner :
Mr. Pankaj Kumar Mishra, Advocate
For the Respondent :
NEMO

Dated : 10 Sep 2014
ORDER

 

JUSTICE J. M. MALIK, PRESIDING MEMBER (ORAL)

1.      Learned counsel for the petitioner present.  The petitioner has paid the litigation charges to the complainant.  The registered A.D. was sent

-2-

on 21.3.2014.  The service upon the respondent stands effected.  The respondent be proceeded against ex parte.

2.      Arguments heard.

3.      This is a case of theft of electricity.  Consequently, this Commission has no jurisdiction to try this case as per the law laid down by the Apex Court in U.P. Power Corporation Limited & Ors. vs. Anis Ahmed, (2013) 8 SCC 491.  Therefore, we hereby set aside the orders passed by fora below and dismiss the complaint.  The complainant is at liberty to seek redressal of his grievances from the appropriate forum by approaching the same within a period of 90 days from today.

4.      So far as question of limitation is concerned, he can take benefit of the decision rendered in Laxmi Engineering Works v. P.S.G. Industrial Institute 1995 (3) SCC 583.

The revision petition stands disposed of.

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

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