NCDRC

NCDRC

RP/2759/2012

RAJ KARAN - Complainant(s)

Versus

S. D. O. "OP", SUB DIVISION UHBVNL BAHU - Opp.Party(s)

MR. RAKESH DAHIYA & MR. NIKHIL JAIN

19 Sep 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2759 OF 2012
 
(Against the Order dated 17/05/2012 in Appeal No. 1568/2011 of the State Commission Haryana)
WITH
IA/4743/2013
1. RAJ KARAN
S/o Sh Phula Ram R/o Village Jhamri Tehsil Matanhail
Jhajjar
Haryana
...........Petitioner(s)
Versus 
1. S. D. O. "OP", SUB DIVISION UHBVNL BAHU
Sub Division Bahu Tehsil Matanhail
Jhajjar
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. Rakesh Dahiya, advocate
For the Respondent :
Mr. Surender Singh Hooda, advocate

Dated : 19 Sep 2013
ORDER

Heard learned counsel for the parties and perused the record. Petitioner filed revision petition against the impugned order dated 17-05-2012 passed by learned State Commission by which while accepting appeal, order of District Forum allowing complaint and quashing demand of Rs.59,532/- raised by opposite party-petitioner was dismissed. Learned counsel for the petitioner submitted that demand notice should have been issued under Section 126 instead of 135. Learned counsel for the respondent submitted that by typographical error Section 135 has been mentioned whereas it should have been under Section 126 of the Electricity Act. In such circumstances, it may be held that notice issued by respondent was under Section 126 of the Electricity Act. 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 dismissed and impugned order dated 17-05-2012 passed by learned State Commission in First Appeal No. 1568 of 2011 S.D.O. PSub Division, UHBVNL Vs. Raj Karan is upheld and complaint stands dismissed. Liberty is granted to the petitioner 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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