NCDRC

NCDRC

RP/129/2012

DHANI RAM - Complainant(s)

Versus

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

MR. ABHISHEK SHARMA

10 Feb 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 129 OF 2012
 
(Against the Order dated 05/10/2011 in Appeal No. 2022/2005 of the State Commission Haryana)
1. DHANI RAM
S/o S Roop Ram, R/o Village Uplana Tehsil Barara
Ambala
Haryana
...........Petitioner(s)
Versus 
1. UTTAR HARYANA BIJLI VITRAN NIGAM & ANR.
Shakti Bhawan, Sector-6,
panchkula
haryana
2. The Sub Divisional Officer,
Operation U.H.B.V.N.,Naraingarh
Ambala
haryana
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER

For the Petitioner :MR. ABHISHEK SHARMA
For the Respondent :NEMO

Dated : 10 Feb 2012
ORDER

        Petitioner had taken electric connection for running an atta chakki.  A penalty of Rs.63,209/- was levied on the petitioner.  Petitioner being aggrieved filed the complaint before the District Forum which was allowed.  State Commission has reversed the order relying upon the decision of this Commission wherein it has been held that a consumer who takes an electric connection for running a factory is not a consumer within the meaning of Section 2(1)(d) of the Consumer Protection Act and the complaint on his behalf is not maintainable.  The decision of this Commission is binding on us as well.  State Commission has also recorded a finding that the petitioner had not led any evidence to prove that he was a small trader running the atta chakki for his livelihood.  Dismissed.

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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