Jharkhand

StateCommission

FA/256/2011

Rajiv Sharma - Complainant(s)

Versus

The Electric Executive Engineer - Opp.Party(s)

Mr. A.K. Singh

11 Feb 2014

ORDER

JHARKHAND STATE CONSUMER DISPUTES REDRESSAL COMMISSION,RANCHI
FINAL ORDER
 
First Appeal No. FA/256/2011
(Arisen out of Order Dated in Case No. of District )
 
1. Rajiv Sharma
B-386 Road No. 4, Ashok Nagar, P.O.- Ashok Nagar, P.S.- Argora, District- Ranchi
...........Appellant(s)
Versus
1. The Electric Executive Engineer
Electric Supply Division, Ranchi ( East), Kusai Doranda, Ranchi
...........Respondent(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE R.K. Merathia PRESIDENT
 HON'BLE MRS. Sumedha Tripathi MEMBER
 
For the Appellant:
Mr. A.K. Singh, Advocate
 
For the Respondent:
Mr. A.K. Pandey, Advocate
 
ORDER

11/02/2014- The reasons for delay in disposal of this appeal can be seen from the order sheet.

This appeal was dismissed as withdrawn by order dated

20-02-2013/25-05-13, with the following order:

“The record is placed today. The learned counsel for the appellant argues the case for some time. Then he seeks permission to withdraw the appeal.

Perused the impugned order. The appellant has rightly been held not a consumer u/s 2 (1) (d) (ii) of the Act. As such the prayer is allowed.

The appeal stands dismissed as withdrawn with liberty to seek relief before appropriate forum. Issue free copy of this order.”

          Sd/- M.L.Roy                                     Sd/- D.P.Singh

         Member                                               President

(2) Thereafter a petition was filed on behalf of the appellant on 06/08/2013 for recall/modification of the said order, to the extent of deleting the observation regarding withdrawal of the appeal.

  1. When the case was taken up on 24/01/2014, nobody appeared on behalf of appellant. Today again nobody appears on behalf of appellant.
  2. From the said order, disposing off the appeal, it appears that on merits also, the finding of District Forum was upheld.
  3. The appellant himself has said that if there is any doubt about the accuracy of the meter, provisions have been made under the electricity laws in that regard.
  4. In the case reported in, 2013(4) JBCJ page 39 (SC), UP Power Corporation Ltd ors vs. Anis Ahmed,  the Hon’ble Supreme Court has held that the nature of dispute involved in this case is beyond the jurisdiction of the consumer forum.
  5. In any view of the matter, the petition filed on 06/08/13 is absolutely misconceived and is liable to be dismissed. Accordingly it is dismissed. Issue free copy of this order to all concerned for information and needful.

Ranchi,

Dated 11th. Feb.,2014

 
 
[HON'BLE MR. JUSTICE R.K. Merathia]
PRESIDENT
 
[HON'BLE MRS. Sumedha Tripathi]
MEMBER

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