NCDRC

NCDRC

RP/1063/2011

BSES RAJDHANI POWER LTD. - Complainant(s)

Versus

SRI KRISHAN - Opp.Party(s)

MR. SUNIL FERNANDES

21 Apr 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1063 OF 2011
 
(Against the Order dated 10/03/2011 in Appeal No. 381/2010 of the State Commission Delhi)
1. BSES RAJDHANI POWER LTD.
BSES Bhawan Nehru Place
New Delhi - 110019
Delhi
...........Petitioner(s)
Versus 
1. SRI KRISHAN
RZ/F, 773/33, Gali No. 13, Raj Nagar Part-II, Palam Colony
New Delhi - 110045
Delhi
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R. C. JAIN, PRESIDING MEMBER
 HON'BLE MR. S. K. NAIK, MEMBER

For the Petitioner :
Mr. Deepak Pathak, Advocate
For the Respondent :NEMO

Dated : 21 Apr 2011
ORDER

Challenge in this petition is to the order dated 10.03.2011 passed by the Delhi State Consumer Disputes Redressal Commission dismissing the appeal of the petitioner-BSES on the ground that the appeal was barred by limitation.  Even if we set aside the order and remand the appeal to the State Commission for adjudication on merits, no useful purpose would be served because

-2-

on examination of the matter, we have found that in the given facts and circumstances of the case, the petitioner by his own showing had agreed to refund the amount of Rs.19,695/- to the complainant but had not actually refunded the same.  In our view, they should not have resisted the complaint and should have readily agreed to refund the said amount.  Accordingly, we hold that even on merit, the petitioner has no case.  It was the bounden duty of the petitioner as a service provider to remit the amount of Rs.19,695/- promptly once it was not feasible to provide them the line and electricity connection.  We accordingly dismiss this revision petition. 

 

 
......................J
R. C. JAIN
PRESIDING MEMBER
......................
S. K. NAIK
MEMBER

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