NCDRC

NCDRC

RP/3031/2012

MAHINDER BANSAL - Complainant(s)

Versus

S.D.O., CITY SUB DIVISION, UTTAR HARYANA BIJLI VITRAN NIGAM LTD. - Opp.Party(s)

MR. DURGA PARSHAD

03 Sep 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3031 OF 2012
 
(Against the Order dated 20/04/2012 in Appeal No. 1792/2008 of the State Commission Haryana)
1. MAHINDER BANSAL
S/o Late Shri Ram Niwas bansal R/o Chopta Bazar
Jhajjar
Haryana - 124103
...........Petitioner(s)
Versus 
1. S.D.O., CITY SUB DIVISION, UTTAR HARYANA BIJLI VITRAN NIGAM LTD.
Uttar Haryana Bijli Vitran Nigam Ltd,
Jhajjar
Haryana - 124103
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE J.M. MALIK, PRESIDING MEMBER
 HON'BLE MR. VINAY KUMAR, MEMBER

For the Petitioner :MR. DURGA PARSHAD
For the Respondent :NEMO

Dated : 03 Sep 2012
ORDER

JUSTICE J.M. MALIK 1. The whole controversy centers around the question hether the complainant is a onsumerunder the Act? Sh. Paramanad had the electricity connection bearing No. AC No.B-100. The respondent/opposite party SDO, Sub-Division, UHBVNL, Jhajjar, Haryana, issued a demand notice in the sum of Rs.2,06,598/- in respect of the above said electricity connection. Mahinder Bansal, the complainant who is a Shopkeeper, by profession, is having electricity connection in his Shop and House, in other premises. The complainant went to offer his prayer in Baba Shri Parsad Giriji Mandir, Mata Gata, Jhajjar on 18.07.2007. He found the officials of the respondent were being present there. They checked the premises of the Mandir and obtained the signatures of the petitioner, as a witness. They also threatened the complainant to pay a sum of Rs.2,06,598/-, otherwise, the supply of electricity connection to his shop and residence, in another premises, would be disconnected. Out of fear, the complainant deposited a sum of Rs.2,06,598/- with the respondent under pressure and coercion. He also lodged a protest regarding the same. He filed a complaint with the District Forum. The District Forum allowed the complaint of the complainant and directed the respondent to refund the amount of Rs.2,06,598/- to the complainant within one month. The said amount was refunded. 2. The respondent filed an appeal before the State Commission and the State Commission came to the conclusion that the appellant/ respondent herein, is not a onsumer 3. We have heard the learned counsel for the petitioner. He vehemently argued that since the money was demanded from the complainant, he paid the same, and, therefore, he became the onsumer under the respondent. 4. This argument is devoid of merit. The State Commission has placed on the judgment passed by this Commission in case Hari Prasad Vs. MU.H.B.N.L., Panchkula & Ors, 2010 (2) CLT, 558. The connection does not stand transferred in the name of the complainant by payment of bill. Sh. Paramanand is not the onsumer of this case. The complainant has got no privity of contract with the opposite party. He has got no locus standi, to challenge the action of the respondent. For all these reasons, we are in full agreement with the order passed by the State Commission, and hence the revision petition is dismissed.

 
......................J
J.M. MALIK
PRESIDING MEMBER
......................
VINAY KUMAR
MEMBER

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