NCDRC

NCDRC

RP/995/2006

BSES YAMUNA POWER LTD. - Complainant(s)

Versus

SH. MODH. KHALID - Opp.Party(s)

SANJANA J.BALI

08 Dec 2010

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 995 OF 2006
 
(Against the Order dated 16/03/2006 in Appeal No. 230/2006 of the State Commission Delhi)
1. BSES YAMUNA POWER LTD.
SHAKTI KIRAN BLDG.
KARKARDOOMA
DELHI 110092
...........Petitioner(s)
Versus 
1. SH. MODH. KHALID
5977/2ND AND 3RD FLOOR GALI BABBOO KHAN
BALLIMARAN CHANDNI CHOWK
DELHI
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Petitioner :SANJANA J.BALI
For the Respondent :
Mr. Najm-Us-Saher, Adv.

Dated : 08 Dec 2010
ORDER

District Forum dismissed the complaint stating that it did not have the jurisdiction to decide the same as the complaint pertains to the theft of electricity for which police complaint had already been filed.  Aggrieved by this, respondent filed the appeal, which has been allowed the State Commission and the case has been remitted back to the District Forum to decide it afresh in the light of provisions of

-2-

Electricity Act, 2003.  We are not inclined to interfere with the order of remand, especially in view of law laid down by Supreme Court in “Haryana State Electricity Board Vs. Mam Chand, (2006) 4 Supreme Court Cases 649.”

          Parties through their counsel are directed to appear before the District Forum on 03.2.2011.

          The complaint was filed in the year 2006.  Since it is an old case, we direct the District Forum to dispose of the complaint expeditiously keeping in view the observations made by the Supreme Court in above said Mam Chand’s case (supra) and preferably within a period of six months from the first date of appearance.

          District Forum shall decide the complaint without being influenced by any of the observations made by the State Commission in its order.  All contentions are left open.

          Revision petition stands disposed of in above terms.

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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