Circuit Bench Aurangabad

StateCommission

FA/2008/55

Maharashtra State Electricity Distribution Company Ltd Through its Deputy Executive Engineer - Complainant(s)

Versus

Sandip Harneksingh Ladhar - Opp.Party(s)

Adv.Smt.Smita Medhakar

23 Sep 2013

ORDER

MAHARASHTRA STATE CONSUMER DISPUTE REDRESSAL COMMISSION, MUMBAI.
CIRCUIT BENCH AT AURANGABAD.
 
First Appeal No. FA/2008/55
(Arisen out of Order Dated null in Case No. of District None)
 
1. Maharashtra State Electricity Distribution Company Ltd Through its Deputy Executive Engineer
MIDC Sub Division No. 2 New Mondha, Nanded
...........Appellant(s)
Versus
1. Sandip Harneksingh Ladhar
Plot No. 201 Ravke complex near Rupa Guest house Vasant nagar, Nanded
2. 2. Smt. Balvenderkaur Harneksingh Ladhar
Plot No. 201 Ravke complext near Rupa Guest house, Vasant nagar, Nanded
Nanded
Maharashtra
...........Respondent(s)
 
BEFORE: 
 HON'ABLE MR. S.M.SHEMBOLE PRESIDING MEMBER
 HON'ABLE MR. K.B.GAWALI MEMBER
 
PRESENT:Adv.Smt.Smita Medhakar, Advocate for the Appellant 1
 
None.
......for the Respondent
ORDER

 

Per.Mr.S.M.Shembole Hon’ble Presiding Judicial Member.


1.       Adv.Smt.Smita Medhekar for   the appellant is present. However, both the respondents as well as their counsel Shri. A.N.chavan are absent. Adv. Smt.Medhekar for the appellant submitted that the matter is being pertained to the theft of electricity the consumer complaint itself is not maintainable. Therefore, the appeal deserves tobe allowedby  setting aside the impugned judgment and order.

2.       We have perused the copy of impugned judgment and order and also copies of complaint and written version and satisfied that the matter pertains to the theft of electricity. Therefore, in view of the recent decision dated 01/07/2013 of Hon’ble Appex Court in the case of “U.P.Power Corporation Ltd & Ors – V/s- Anis Ahmad” the complaint itself is  not being maintainable under Consumer Protection Act, the impugned judgment and order deserves to be set aside by allowing the appeal. Accordingly appeal is allowed. The impugned judgment and order passed by the District Consumer Forum is hereby quashed and set aside. Consequently, complaint stands dismissed. No order as to cost.

 
 
[HON'ABLE MR. S.M.SHEMBOLE]
PRESIDING MEMBER
 
[HON'ABLE MR. K.B.GAWALI]
MEMBER

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