NCDRC

NCDRC

RP/4479/2012

DAKSHIN HARYANA BIJLI VITRAN NIGAM LTD. & 2 ORS. - Complainant(s)

Versus

RAMESH KUMAR - Opp.Party(s)

M/S. JURISPERITUS

25 Oct 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 4479 OF 2012
 
(Against the Order dated 11/05/2012 in Appeal No. 643/2008 of the State Commission Haryana)
1. DAKSHIN HARYANA BIJLI VITRAN NIGAM LTD. & 2 ORS.
Through its Managing Director, Head Office at Vidhyut Nagar
HISAR
HARYANA
2. Executive Engineer (OP)
City Division DHBVNL, Tehsil &
BHIWANI
HARYANA
3. Sub Divisional Officer, Customer Care Centre,
Dakshin Haryana Bijli Vitran NIgam Ltdm Tehsil
BHIWANI
HARYANA
...........Petitioner(s)
Versus 
1. RAMESH KUMAR
S/o Sh.Dharampal, R/o H.No-31-32 Rohtak Gate,Bhiwani,Tehsil
BHIWANI
HARYANA
...........Respondent(s)

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

For the Petitioner :
Mr. Suhaas Joshi, Advocate
For the Respondent :
Mr. Alok Sangwan, Advocate

Dated : 25 Oct 2013
ORDER

Counsel for the parties present. Litigation charges in the sum of    Rs. 2500/- handed over to the counsel for the respondent. 

This is a case of theft and in view of the Supreme Court’s authority reported in the case of “U.P. Power Corporation Ltd. & Ors. Vs. Anis Ahmad” in Civil Appeal No. 5466 of 2012 arising out of SLP (C) No. 35906 of 2011, the Consumer Fora have no jurisdiction to try this case. Counsel for the respondent admits the same.

 Consequently, we set aside the orders passed by the Fora below and the complaint is dismissed.  However, liberty is granted to the petitioner to pursue his case before the appropriate Forum, as per Law.  So far as the limitation is concerned, it can seek help from Laxmi Engineering Works Vs. P.S.G. Industrial Institute [(1995) 3 Supreme Court Cases 583].

The Revision Petition stands disposed of.

 

 

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

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