Maharashtra

StateCommission

RP/09/74

Maharashtra State Electricity Distribution Company Ltd., - Complainant(s)

Versus

SHRI GOPAL BUDHAILAL SHARMA - Opp.Party(s)

SUBHASH D TIGDE

04 Feb 2011

ORDER

BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL
COMMISSION, MAHARASHTRA, MUMBAI
 
Revision Petition No. RP/09/74
(Arisen out of Order Dated 08/05/2009 in Case No. 320/09 of District Mumbai(Suburban))
 
1. Maharashtra State Electricity Distribution Company Ltd.,
Thane Urban Circle, New administrative building, 2nd floor, Opp. passport office, Wagle Estate, Thane - 400 604.
THANE
Maharastra
2. The other Excutive Engineer, M.S.E.D.C. Ltd.,
having off. at Bhandup vidhut Bhavan, L.B.S. Rd., Bhandup (W), Mumbai 400 078.
Mumbai.
Maharashtra.
3. Shri. Atul Yeole
Junior Executive Engineer, M.S.E.D.C.Ltd., having office at Panch rastaa, M. G. Rd., Mulund (W), Mumbai - 400 080.
Mumbai.
Maharashtra
...........Appellant(s)
Versus
1. SHRI GOPAL BUDHAILAL SHARMA
SHOP NO 1, MAHADEO NIWAS, MULUND (W), MUMBAI 400 080.
MUMBAI.
Maharastra
...........Respondent(s)
 
BEFORE: 
 Hon'ble Mr. P.N. Kashalkar PRESIDING MEMBER
 Hon'ble Mrs. S.P.Lale Member
 
PRESENT:
None present for the petitioners as well as for the respondents.
......for the Petitioner
 
ORDER

Shri P.N. Kashalkar, Hon’ble Presiding Judicial Member

          This Revision Petition is filed against the interim order passed by the District Consumer Forum, Mumbai Suburban on 08/05/2009, whereby while allowing the interim relief application, District Consumer Forum directed the original opponent to restore the electricity supply to the premises of the complainant-Mr.Gopal Sharma on his depositing `19,000/- towards the arrears of electricity and then to pay further bills regularly.  It is this order which has been taken exception of by filing this Revision Petition by the org. opponent.

          We called out this Revision Petition for hearing at 11.03 p.m., but none is present.  We therefore perused the impugned order and Interim Relief Application filed by the respondent and we are finding that the pending disposal of the complaint, District Consumer Forum has rightly passed the order directing restoration of electricity supply to the premises of the respondent on payment of `19,000/- and then directing that respondent should continue to pay further bills regularly.  This order in our view is appearing to be just, proper and there is no jurisdictional error committed by the Learned District Consumer Forum in passing the impugned order.  District Consumer Forum had all the jurisdiction and powers to entertain the application and pass such an interim relief order.  We are finding no substance in the Revision Petition filed against the said order.  In the circumstances, Revision Petition is appearing to be devoid of any substance.  What is pertinent to note is the fact that the averments in the Revision Memo is styling it as Appeal and only at two places word ‘Revision’ has been mentioned in place of appeal.  This type of Revision Petition should not have been filed by Counsel for the M.S.E.D.Co.  They should know that against the interim order, there can be only Revision Petition and not the Appeal.  Appeal is provided under Section 15 of the Consumer Protection Act, 1986 against the final order passed in any consumer complaint.  Be that as it may.  We do not find any substance in this Revision Petition.  Hence, we pass the following order :-

                   -: ORDER :-

1.       Revision Petition stands dismissed.

2.       No order as to costs.

3.       Copies of the order be furnished to the parties.

 

 
 
[Hon'ble Mr. P.N. Kashalkar]
PRESIDING MEMBER
 
[Hon'ble Mrs. S.P.Lale]
Member

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