NCDRC

NCDRC

RP/1175/2012

NEELAM CHHABRA - Complainant(s)

Versus

UTTAR HARYANA BIJLI VITRAN NIGAM LTD. - Opp.Party(s)

MR. REEPAK KANSAL & GAURAV CHHABRA

29 May 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1175 OF 2012
 
(Against the Order dated 14/10/2011 in Appeal No. 457/2009 of the State Commission Haryana)
1. NEELAM CHHABRA
W/o Sh Sohan Lal Chahabra, R/o 36 Shakti Colony
Karnal
Haryana
...........Petitioner(s)
Versus 
1. UTTAR HARYANA BIJLI VITRAN NIGAM LTD.
Through SDO,Sub Urban Sub Division
Karnal
Haryana
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R.C. JAIN, PRESIDING MEMBER
 HON'BLE MR. S.K. NAIK, MEMBER

For the Petitioner :
Mr. Reepak Kansal, Advocate
For the Respondent :NEMO

Dated : 29 May 2012
ORDER

Challenge in these proceedings is to the order dated 14.10.2011 passed by Haryana State Consumer Disputes Redressal Commission (for short he State Commission in FA No. 457 / 2009. The appeal before the State Commission was filed against order dated 30.01.2009 passed by the District Consumer Disputes Redressal Forum, Karnal in complaint no. 134 / 2007 which was partly allowed by the said District Forum thereby quashing the demand made by the respondent electricity supply company. The State Commission allowed the appeal and set aside the order passed by the District Forum primarily on the ground that the complainant was not a onsumerof electricity company as the electricity connection stood in the name of certain, Shadi Lal, who had not filed the complaint. While doing so, the State Commission relied upon the judgement of this Commission in the case of ari Prasad Versus U.H.B.V.N.L., Panchkula & Ors. [2010 (2) CLT 558] in which case this Commission clarified the position and took the view that any person other than the holder of the electricity connection is not a beneficiary within the meaning of section 2(1)(d) of the Act and is not entitled to approach the consumer fora for the redressal of his / her grievance. The State Commission accordingly dismissed the complaint. 2. Mr. Reepak Kansal, counsel for the petitioner would assail the impugned order primarily on the ground that it not based on correct and proper appreciation of the facts and circumstances and evidence and material brought on record. He submits that the electricity supply company had acceded to the request of the complainant for changing the meter and therefore, she should be deemed to be a onsumer We reject these contentions even if it is factually correct because the connection continued to be in the name of Shadi Lal. In our view, the order passed by the State Commission is eminently justified and is in consonance with the law as settled by this Commission. The impugned order does not suffer from any illegality, material irregularity much less any jurisdictional error warranting interference by this Commission. Dismissed. However, we preserve the right of the petitioner / complainant to work out her remedy before any other appropriate court / forum in accordance with law, if so advised.

 
......................J
R.C. JAIN
PRESIDING MEMBER
......................
S.K. NAIK
MEMBER

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.