Salochna vs. UHBVNL

CC No. 516 of 2014.

Present: Complainant in person with counsel Sh. Rajan Bhatia, Advocate.

              Sh. Satish Sangwan, Advocate, counsel for OPs.

                        Today the case was fixed for final arguments as well as consideration on the application filed by the Ops on the previous date i.e. on 04.08.2016 for dismissal of the complaint. Learned counsel for the Ops argued that complainant has already filed a complaint bearing No. 1783/YNR/2014 dated 04.11.2014 regarding the same facts as mentioned in this complaint before the court of Public Utility Service at Yamuna Nagar against the OPs which is now fixed for 19.08.2016 and draw our attention towards the copy of complaint attached with the application.

                        On the other hand, counsel for the complainant who is present with the complainant not denied the facts mentioned in the application. However, argued that in that complaint matter relating to other bills is involved.

                        We have gone through the contents of the present complaint as well as the contents of the complaint pending before the P.L.A. cum- Utility Court, copy of which has been filed by the OPs from which it is clearly evident that both the parties are same in both the complaints and further the matter in dispute i.e. same cause of action is involved in both the complaints. The complainant has challenged the electricity bills in both the complaints. As the complainant has filed the complaint titled as Salochna Vs. UHBVNL bearing No. 1783/2014 on 04.11.2014 i.e. prior to this complaint. So, we are of the considered view that the second complaint of the complainant is not maintainable before this Forum and the same is hereby dismissed being not maintainable. Copies of this order be sent to the parties concerned free of costs as per rules. File be consigned to the record room after due compliance.

Announced: 09.08.2016.

                                                (S.C.SHARMA)                         (ASHOK KUMAR GARG)

                                                 MEMBER                                  PRESIDENT