This case record is taken up for consideration in the matter of passing order in respect of the petition filed by the applicant side on the ground that CC-191/2023 is not maintainable in the eye of law.  This matter has been contested by the OP but no written objection has been filed.

The argument highlighted by ld. advocate of both sides has been heard in full.  Considered submission.  Perused the MA application.

It is the main point of contention and argument of the applicant side that this case is not maintainable as per provisions of Indian Electricity Act and according to the current judgments passed by Hon’ble Apex Court.

On the other hand, the OP pointed out that the CC-191/23 has been admitted by this District Commission and that case is on the verge of starting trial and so there is no scope for dismissing the CC-191/23 on the ground of maintainability.

After going through the material of this case record and also after making scrutiny of the material of the case record of CC-191/23 this District Commission finds that the above noted complaint case has been filed by the complainant who is the OP of this MA case over the issue of billing dispute and for imposing penalty by the applicant against the OP of this MA case.

Now the question is whether the billing dispute is maintainable in the eye of law or not.  In this regard the decision of the Hon’ble Apex court which is passed in the case of U.P.Power Corporation Ltd. & Ors. Vs. Anis Ahmad (Civil Appeal no.5466 of 2012 is very important where Hon’ble Apex Court has been pleased to observe that billing dispute is not maintainable before the Consumer Dispute Redressal Forum/Commission.  Similar view has been adopted by Hon’ble High Court in the case of CESC Limited and another Vs. State of West Bengal and Others (W.P.A no.14266 of 2022).

Thus it is crystal clear that CC-191/23 is not maintainable in the eye of law.

In view of such position the MA-95/23 is allowed on contest.

It is held that the CC-191/23 is not maintainable in the eye of law.

In the light of the observation made above this MA case is disposed of.

Let the case record of MA-95/23 be tagged with the case record of CC-191/23.