NCDRC

NCDRC

RP/2509/2008

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

Versus

RANBIR - Opp.Party(s)

MR. ARVIND NAYAR

22 Aug 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2509 OF 2008
 
(Against the Order dated 16/04/2008 in Appeal No. 745/2008 of the State Commission Haryana)
1. DAKSHIN HARYANA BIJLI VITRAN NIGAM LTD.
Sub Divisional Officer, Operation Sub Division Bhattu Kalan, Tehsil & District
Fatehabad
Haryana
...........Petitioner(s)
Versus 
1. RANBIR
S/o. Sh. Kashi Ram Jyani, Dhani Shakti Nagar, Khabra Kalan, Post Office Tehsil Bhuttu Kalan
Fatehabad
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. Zartab Anwar, Advocate for
Mr. Arvind Nayar, Advocate
For the Respondent :NEMO

Dated : 22 Aug 2013
ORDER

None appeared for the respondent even after service. Heard learned counsel for the petitioner and perused the record. Petitioner filed revision petition against the impugned order dated 16.04.2008 passed by learned State Commission by which while dismissing appeal, order of District Forum allowing complaint and quashing demand of Rs. 57,862/- 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 16.04.2008 passed by learned State Commission in Appeal No. 745/2008 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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