Circuit Bench Aurangabad

StateCommission

A/104/2007

Dy.Executive Engineer,Maharashtra State Electricity Distribution company Ltd. - Complainant(s)

Versus

Shri.Shivram Premji Mehta. - Opp.Party(s)

Shri.S.N.Tandale.

10 Jul 2013

ORDER

MAHARASHTRA STATE CONSUMER DISPUTE REDRESSAL COMMISSION, MUMBAI. CIRCUIT BENCH AT AURANGABAD.

First Appeal No. A/104/2007 (Arisen out of Order Dated null in Case No. of District None)   1. Dy.Executive Engineer,Maharashtra State Electricity Distribution company Ltd. Urban Sub Division,Tq.and Dist.Beed. ...........Appellant(s) Versus 1. Shri.Shivram Premji Mehta. R/o.Dhande Galli,Tq.and Dist.Beed. ...........Respondent(s)

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

PRESENT: Shri.S.N.Tandale., Advocate for the Appellant 1

ORDER   Per.Mr.S.M.Shembole Hon’ble Presiding Judicial Member.   1.       Adv.Shri.S.N.Tandale for the appellant appeared and submitted an application requesting  to set aside the impugned judgment and order by allowing the appeal as the complaint itself  is  not maintainable in view of the recent decision of Hon’ble Appex Court in Civil Case No. 5466/2004 in “U.P.Power Corporation Ltd & Ors – V/s- Anis Ahmad” vide its judgment dated 1st July 2013. Respondent Shri. Shivram Mehta is absent. 2.       In view of the decision of Hon’ble Appex Court the complaint itself is not being maintainable, the impugned judgment and order deserves to be set aside by allowing the appeal. According it is allowed and impugned judgment and order is set aside. No order as to cost.

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