NCDRC

NCDRC

RP/2253/2012

NEELAM KUMARI AND ANR. - Complainant(s)

Versus

UTTAR HARYANA BIJLI VITRAN NIGAM LIMITED AND ANR. - Opp.Party(s)

MR. VIVEK SHARMA

29 Apr 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2253 OF 2012
 
(Against the Order dated 04/04/2012 in Appeal No. 104/2007 of the State Commission Haryana)
1. NEELAM KUMARI AND ANR.
W/o Shi Changa Ram S/o Sh Roshan Lal R/o Villahe Bharog Tehsil Naraingarh
Ambala
Haryana
2. Sanjeev Kumar, S?o Sh Madan Mohan
R/o Village Bharog, Tehsil Naraingarh
Ambala
Haryana
...........Petitioner(s)
Versus 
1. UTTAR HARYANA BIJLI VITRAN NIGAM LIMITED AND ANR.
Shakti Bhawan,Sector-6,Panchkula Through Executive Engineer Operation Division, UHBVN Naraingarh
Ambala
haryana
2. The Sub Divisional Officer, Operation Sub Division
UHBVN,Shehzadpur, Tehsil Naraingarh
Ambala
Haryana
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE K.S. CHAUDHARI, PRESIDING MEMBER
 HON'BLE MR. DR. B.C. GUPTA, MEMBER

For the Petitioner :MR. VIVEK SHARMA
For the Respondent :

Dated : 29 Apr 2014
ORDER

Heard learned counsel for the petitioner. Complainant filed complaint before the District Forum and challenged payment of Rs. 3 lakhs on the basis of checking report dated 02.09.2005, according to which the working of the meter was found slow. The District Forum allowed complaint and appeal filed by the opposite party was allowed by the State Commission vide impugned order, against which this revision petition has been filed. Honle Apex Court in .P. Power Corporation Ltd. & Ors. vs. Anis Ahmadcase has held that cases under Section 126 or 135 of the Electricity Act are not maintainable before consumer forum and as complaint filed by the complainant falls within the purview of Section 126 of the Electricity Act, then the complaint filed by the complainant before the consumer fora was not maintainable and in such circumstances, revision petition is liable to be dismissed. Consequently, revision petition filed by the petitioner is dismissed at admission stage. Petitioner is given liberty to approach appropriate authority under Indian Electricity Act for redressal of his grievance.

 
......................J
K.S. CHAUDHARI
PRESIDING MEMBER
......................
DR. B.C. GUPTA
MEMBER

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