STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                                   UTTAR PRADESH, LUCKNOW

                                     APPEAL NO. 2150 OF 2015

           (Against the judgment/order dated 16-05-2015 in Complaint Case

                 No.957/2010 of the District Consumer Forum-II, Lucknow)

Mohammad Kaleem Kidwai

S/o Late Sri Mohammad Shameem

R/o 266/602 Bhadeva

Lucknow

                                                                                                         ...Appellant

                                                             Vs.

1. Madhyanchal Vidyut Vitran Limited

Through Executive Engineer

      Aishbag, Lucknow

2. Madhyanchal Vidyut Vitran Nigam Limited

Shakti Bhavan, Lucknow.

Through Chairman

                                                                                              ...Respondents

BEFORE:

HON'BLE MR. JUSTICE VIRENDRA SINGH, PRESIDENT

HON’BLE MR. MAHESH CHANDRA, MEMBER

For the Appellant        :       Sri R P Singh Chauhan, Advocate.

For the Respondent     :                        ...

Dated : 30-11-2015

                                                  JUDGMENT

          MR. JUSTICE VIRENDRA SINGH, PRESIDENT (ORAL)

This appeal is put up today. Sri R P Singh Chauhan, learned Counsel for the appellant is present. He has been heard on the admission of this appeal.

Though the appeal is time barred but looking into the delay condonation application  and the facts narrated, we are convinced that this appeal may be entertained but since the complaint before the District Consumer Forum remained pertaining to the theft of the electricity, we are of this view that such type of matter is not tenable under Consumer Protection Act as per law laid down by Hon’ble Supreme Court in the case of U.P. Power Corporation Limited and others V/s Anees Ahmad in Civil Appeal No. 5466/2012 (arising out of SLP No. 35906 of 2011 on 01-07-2013). In these circumstances no purpose shall be served if the appeal is allowed and the matter is remanded before the District Consumer Forum as is prayed by

:2:

the learned Counsel for the appellant seeking hearing of the complaint before the District Consumer Forum. Hence, we do not find any substance in this appeal. However, the appellant/complainant is at liberty to move before the competent authorities as per the law laid down by Hon’ble Supreme Court in the above mentioned case.

With this observation this appeal is hereby disposed of.  

                                                                ( JUSTICE VIRENDRA SINGH )

                                                                                                 PRESIDENT

                                                                             (  MAHESH CHANDRA )

                                                                                                    MEMBER

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