Shri.Pandharinath V.Mali V/S Maharashtra State Electricity Distribution Company Ltd., Through it`s Executive Engineer, - Consumer Court Case

Circuit Bench Aurangabad

StateCommission

FA/07/1454

Maharashtra State Electricity Distribution Company Ltd., Through it`s Executive Engineer, - Complainant(s)

Versus

Shri.Pandharinath V.Mali - Opp.Party(s)

Adv.Mrs.Smita Medhekar

13 Aug 2013

ORDER

MAHARASHTRA STATE CONSUMER DISPUTE REDRESSAL COMMISSION, MUMBAI.

CIRCUIT BENCH AT AURANGABAD.

First Appeal No. FA/07/1454

(Arisen out of Order Dated null in Case No. of District None)

1. Maharashtra State Electricity Distribution Company Ltd., Through it`s Executive Engineer,

Urban & Rural Division, Jalgaon.

BEFORE:
	HON'ABLE MR. S.M.SHEMBOLE PRESIDING MEMBER
	HON'ABLE MRS. UMA BORA MEMBER
	HON'ABLE MR. K.B.GAWALI MEMBER

PRESENT:	Adv.Mrs.Smita Medhekar, Advocate for the Appellant 1
	Adv.Shri.Vijay B.Patil, Advocate for the Respondent 1

ORDER

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

1. Adv. Smt. Smita Medhekar for the appellant and Adv.Shri.V.B.Patil for the respondent are present. It is submitted by Ld. counsel for the appellant that the matter is being pertained to the theft of electricity, as per the recent decision of Hon'ble Appex Court the consumer complaint itself is not maintainable and therefore appeal deserves to be allowed by setting aside the impugned judgment and order. Adv.Shri.V.B.Patil for the respondent sought time but since the matter is being old his request for adjournment is rejected.

2. We have perused the copy of impugned judgment and order and disputed electricity bill and satisfied that the matter is pertained to theft of electricity. Therefore the consumer complaint is not maintainable as per the recent decision dated 1st July 2013 of Hon'ble Supreme Court in the case of “U.P.Power Corporation Ltd and Ors – V/s- Anis Ahmed” . Hence, the appeal is allowed and the impugned judgment and order is set aside. Consequently, complaint stands dismissed. No order as to cost.