NCDRC

NCDRC

RP/411/2008

DAKSHIN HARYANA BIJLI VITRAN NIGAM LIMITED - Complainant(s)

Versus

ROHIT ARORA - Opp.Party(s)

MR. ARVIND NAYAR

15 Jul 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 411 OF 2008
 
(Against the Order dated 23/10/2007 in Appeal No. 1948/2007 of the State Commission Haryana)
1. DAKSHIN HARYANA BIJLI VITRAN NIGAM LIMITED
THROUGH ITS SUB DIVISION OFFICER O. P. SUB DIVISION, MANDI DABWALI,
DISTRICT SIRSA,
HARYANA
...........Petitioner(s)
Versus 
1. ROHIT ARORA
S/O. SHRI JAGDISH ARORA ,User of NDS Account No. GW-505, C/O GORIWAL FILLING STATION, VILLAGE GORIWALA,
DISTRICT SIRSA,
HARYANA
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE D.K. JAIN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Petitioner :
Mr.Sanad Kumar Jha, Advocate for
Mr.Arvind Nayar, Advocate
For the Respondent :
Mr.Waseem Ahmad, Advocate

Dated : 15 Jul 2014
ORDER

In the light of the decision of the Hon’ble Supreme Court in U.P. Power Corporation Ltd. & Ors. vs. Anis Ahmad – (2013)8 SCC 491, wherein it has been held that a complaint against assessment made under Section 126 or action taken against those committing offences under Section 135 to 140 of the Electricity Act, 2003 is not maintainable under the Act, the complaint filed by the respondent before the District Forum was not maintainable.

 The complaint in the present case has been filed by the complainant against a Notice issued under Section 135/138/152 of the Electricity Act, 2003, therefore, in the light of the authoritative pronouncement of the Supreme Court in Anis Ahmed’s case (supra), the complaint itself was not maintainable.  Accordinlgy, the Revision Petition is allowed and the complaint is dismissed with no order as to costs.

 

 
......................J
D.K. JAIN
PRESIDENT
......................
VINEETA RAI
MEMBER

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