NCDRC

NCDRC

RP/2451/2008

DAKSHIN HARYANA BIJLI VITRAN NIGAM LTD & ORS - Complainant(s)

Versus

RAJ KUMAR - Opp.Party(s)

MR. NEERAJ KUMAR JAIN

24 Sep 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2451 OF 2008
 
(Against the Order dated 25/03/2008 in Appeal No. 275/2008 of the State Commission Haryana)
1. DAKSHIN HARYANA BIJLI VITRAN NIGAM LTD & ORS
Vidyut Sadan,
Hissar
Haryana
2. DAKSHIN HARYANA BIJLI VITRAN NIGAM LTD.
THE SUPREINTENDING ENGINEER
Bhiwani
Haryana
3. THE SUB DIVISIONAL OFFICER,
Sub Urban Sub Division No.1, DHBVNL,
Bhiwani
Haryana
...........Petitioner(s)
Versus 
1. RAJ KUMAR
Resident of House no.231/4, Krishna Colony, Bhiwani, Tehsil and District
Bhiwani
Haryana
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE V.B. GUPTA, PRESIDING MEMBER
 HON'BLE MRS. REKHA GUPTA, MEMBER

For the Petitioner :
Mr. Ravneet Singh Joshi, Advocate
For the Respondent :
Mr. Ankur Jaitly, Advocate

Dated : 24 Sep 2013
ORDER

Heard. We have heard learned counsel for the parties and gone through the record, averments and pleadings of the parties. The present case pertains to the theft of electricity. In view of the decision of Hon’ble Supreme Court in U.P. Power Corporation Ltd. and Ors. Vs Anis Ahmed (Civil Appeal no. 5466 of 2012) decided on 01.07.2013, complaint filed in the present case before the District Forum under the Consumer Protection Act, 1986 is not maintainable. Consequently, Consumer complaint filed by the respondent/ complainant before the District Forum is not maintainable. Accordingly, present revision petition filed by the petitioners stands allowed and complaint filed before the District Forum stands dismissed. However, liberty is granted to the respondent to seek appropriate relief before the appropriate forum. Dasti to both parties.

 
......................J
V.B. GUPTA
PRESIDING MEMBER
......................
REKHA GUPTA
MEMBER

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