NCDRC

NCDRC

RP/19/2011

DIDAR SINGH - Complainant(s)

Versus

PUNJAB STATE ELECTRICITY BOARD - Opp.Party(s)

MR. K.C. MAINI

09 Jan 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 19 OF 2011
 
(Against the Order dated 29/09/2010 in Appeal No. 405/2005 of the State Commission Punjab)
1. DIDAR SINGH
R/o. Village Booh, Tehsil Patti
Taran Taran
Punjab
...........Petitioner(s)
Versus 
1. PUNJAB STATE ELECTRICITY BOARD
Through its S.D.O. Haike
Taran Taran
Punjab
...........Respondent(s)

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

For the Petitioner :
Mr. Amardeep Maini, Advocate
For the Respondent :
Mr. Prannoy Dey, Advocate

Dated : 09 Jan 2014
ORDER

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

 

1.      Learned counsel for the parties present. 

2.      Learned counsel for the petitioner has invited our attention towards the celebrated authority by the Supreme Court reported in U.P. Power Corporation Ltd. and Ors. vs. Anis Ahmed (2013) 8 SCC 491.  He submits that as per last para, the petitioner is consumer because there is restrictive trade practice adopted by the

service provider and the consumer suffers from deficiency in service or hazardous service or the service provided has charged in excess the price fixed under Order or by any law. 

2.      We are not convinced with this argument.  This is a case where the electricity was used unauthorisedly as is apparent from paras 39, 40 and 41 of the said judgment.

3.      Section 127(1) of the Electricity Act, 2003 clearly, specifically and unequivocally states that “any person aggrieved by the final order made under Section 126 may, within thirty days of the said order, prefer an appeal in such form, verified in such manner and be accompanied by such fee as may be specified by the State Commission to an appellate authority as may be prescribed”.  Consequently, this Commission has no jurisdiction but the liberty is granted to the petitioner to seek redressal of his grievances before the appropriate forum.  The petitioner can take help from Laxmi Engineering Works vs.PSG Industrial Institute – (1995) 3 SCC 583 so far as the question of limitation is concerned.

          The revision petition stands disposed of.

 

 

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

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