STATE CONSUMER DISPUTE REDRESSAL COMMISSION

BIHAR, PATNA

Revision Petition No. 03 of 2023

Sri Dharmendra Kumar Mahto, S/o- Sri Raja Kumar Mahto, Resident of Mohalla- Rasidachak, Choti Pahari, Bahadurpur, District- Patna

                                                                                                                                                                                      … Petitioner

Versus

South Bihar Power Distribution Company Ltd. through its Executive Engineer, Transport Nagar, Near- Panitanki, District- Patna, Pin Code- 800030

                                                                                                                                                                                     …. Respondents

Counsel for the Petitioner: Adv. Pritam Kumar

Counsel for the Respondent:

Before,

Hon’ble Mr. Justice Sanjay Kumar, President

Mr. Ram Prawesh Das, Member

Dated 20.04.2023

As per Sanjay Kumar, President.

O r d e r

This Revision Petition has been filed  for setting aside the order dated 13.02.2023 passed in Execution Case no. 08 of 2022 (arising out of Complaint Case no. 06 of 2020) whereby and whereunder the Ld. executing court has dropped the Execution Case on the ground that the judgment and order passed in Complaint Case no. 06 of 2020 dated 10.03.2022 ceases to exit after order of remand dated 23.08.2022 by the Appellate court in Appeal no. 47 of 2022.

Complainant/revision petitioner had filed a complaint case being complaint case no. 06 of 2020 against the South Bihar Power Distribution Company Ltd. for restoration of his electric connection  as well as setting aside the demand notice of payment of Rs. 2,91,719/- which was due against the meter of mother of complainant and not against the meter installed in the name of complainant.

          After hearing the parties the District Consumer Forum allowed the Complaint Case of complainant by order dated 10.03.2022 and directed that the electricity dues standing in the name of mother of complainant shall not create any obstruction in the electric supply of the complainant as he is separate consumer having separate account and separate meter and dues against the account of complainant is only payable by the complainant and allowed the complaint case filed by complainant against which distribution company filed appeal no. 47 of 2022 which was heard and allowed by the State Commission and the matter was remanded to the District Consumer Commission to be heard afresh.

Against judgment and order of the appellate court complainant filed Review application no. 18 of 2022 which was also dismissed by order dated 28.11.2022 as a result of which the order passed in appeal attained finality as complainant never challenged the order passed in appeal or Review application before the higher forum as a result for which the executing court dropped the execution proceeding as the order for execution of which execution case was filed ceased to exist.

It is submitted on behalf of counsel for the revisionist that without setting aside the order in appeal the appellate court remanded the complaint case for hearing afresh.

 Even if in the appellate order it is not stated that impugned order is set aside it will be deemed/presumed that the impugned order dated 10.03.2022 under appeal Passed in Complaint Case no. 06 of 2022 has been set aside by the appellate court as case has been remanded to the District Consumer Commission, Patna to adjudicate and decide the complaint case afresh. In said view of the matter this Commission does not find any error or infirmity in the order dated 13.02.2023 passed in Execution case no.  08 of 2020.

Accordingly the Revision petition is dismissed, however, the District Consumer Commission, Patna is directed to decide the complaint case within two months from the date of receipt/production of a copy of order passed by this Commission.

 (Ram Prawesh Das)                                                                           (Sanjay Kumar,J)

       Member                                                                                             President

Md. Fariduzzama