NCDRC

NCDRC

RP/780/2012

JASWANT SINGH - Complainant(s)

Versus

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

MS. POOJA ROY & S.K. SEN

07 Sep 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 778 OF 2012
 
(Against the Order dated 05/09/2011 in Appeal No. 2820/2007 of the State Commission Haryana)
1. ISHWAR SINGH
S/o Sh Basanta,Cast Jat. R/o Village Manas, tehsil
kaithal
Haryana
...........Petitioner(s)
Versus 
1. UTTAR HARYANA BIJLI VITRAN NIGAM LTD. & ANR.
Through its Sub Divisional Officer, Sub Urban Sub Division
Kaithal
Haryana
2. UHBVNL
Shakti Bhawan
Panchkula
Haryana
...........Respondent(s)
REVISION PETITION NO. 779 OF 2012
 
(Against the Order dated 05/09/2011 in Appeal No. 2821/2007 of the State Commission Haryana)
1. PREM SINGH
S/o Sh Girdhala,Cast Jat. R/o Village Manas, tehsil
Kaithal
Haryana
...........Petitioner(s)
Versus 
1. UTTAR HARYANA BIJLI VITRAN NIGAM LTD. & ANR.
Through its Sub Divisional Officer, Sub Urban Sub Division
Kaithal
Haryana
2. UHBVNL,
Through its Secretary,Shakti Bhawan,
Panchkula
Haryana
...........Respondent(s)
REVISION PETITION NO. 780 OF 2012
 
(Against the Order dated 05/09/2011 in Appeal No. 2822/2007 of the State Commission Haryana)
1. JASWANT SINGH
S/o Sh Parlahad, Cast Jat. R/o Village Manas, tehsil
Kaithal
Haryana
...........Petitioner(s)
Versus 
1. UTTAR HARYANA BIJLI VITRAN NIGAM LTD. & ANR.
Through its Sub Divisional Officer, Sub Urban Sub Division
Kaithal
Haryana
2. Uttari Haryana Bijli Vitran Nigam Ltd.,
Through its Secretary,Shakti Bhawan,
Panchkula
Haryana
...........Respondent(s)

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

For the Petitioner :
Ms. Pooja Roy, Advocate
For the Respondent :
Mr. Suhaas Joshi, Advocate

Dated : 07 Sep 2012
ORDER

Aggrieved by the orders dated 5.09.2011 passed by the Haryana State Consumer Disputes Redressal Commission (for short he State Commission in FA Nos. 2820, 2821 & 2822 of 2007, the original complainants have filed the present petitions purportedly under section 21(b) of the Consumer Protection Act, 1986. The appeals before the State Commission against the orders dated 5.07.07 passed by the District Consumer Disputes Redressal Forum, Kaithal in complaints filed by the petitioners by which orders the District Forum had partly allowed the complaints and directed the Opposite Party UHBVNL to pay compensation of Rs.45,000/-, Rs.30,000/- and Rs.70,000/- respectively. UHBVNL filed appeals before the State Commission and the State Commission allowed the said appeals by condoning the delay in filing the appeals as well as holding that the petitioners were not consumers of the opposite party UHBVNL inasmuch as electric connection were not in their name. 2. We have heard counsel for the parties and have considered their submissions. In our view, the State Commission had misdirected itself in taking the view it has taken for non-suiting the petitioners on the ground that they were not consumers within the meaning of section 2(1)(d) of the Consumer Protection Act, 1986. Going by the facts and circumstances of the case, we are of the view that the impugned orders are not legally sustainable so far as it has held the petitioners not consumers. We say because even a beneficiary of the consumer / person, who avails the services of the Opposite party is entitled to file a complaint before a consumer Fora. There was no question of petitioners having filed the complaint as proxy of the original connection holder. In our view the order has resulted into miscarriage of justice. Revision petitions are accordingly allowed and the appeals are remanded back to the board of the State Commission for deciding the same afresh in accordance with law. It would be open for the respondent UHBVNL to raise its submissions on the question as to whether the kind of dispute raised in the complaints can be said to be a consumer dispute entertainable by the Consumer Fora. Parties are directed to appear before the State Commission on 09.10.2012 for receiving further directions.

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

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