NCDRC

NCDRC

RP/2964/2016

SUHAIL SHAMSI - Complainant(s)

Versus

UTTAR PRADESH STATE ELECTRICITY BOARD & ANR. - Opp.Party(s)

MR. PAWAN KUMAR RAY

28 Aug 2017

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2964 OF 2016
 
(Against the Order dated 07/01/2016 in Appeal No. 2242/1998 of the State Commission Uttar Pradesh)
1. SUHAIL SHAMSI
S/O. ZUBAIR SHAMSI, R/O. NEAR SURAJ CINEMA CIVIL LINES
RAMPUR
UTTAR PRADESH
...........Petitioner(s)
Versus 
1. UTTAR PRADESH STATE ELECTRICITY BOARD & ANR.
THROUGH ITS CHAIRMAN, SHAKTI BHAWAN,
LUCKNOW
UTTAR PRADESH
2. UTTAR PRADESH STATE ELECTRICITY BOARD,
THROUGH ITS EXECUTIVE ENGINEER ELECTRICITY
DISTRICT-DIVISION I, RAMPUR
UTTAR PRADESH
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE V.K. JAIN,PRESIDING MEMBER

For the Petitioner :
Mr. Pawan Kumar Ray, Advocate
For the Respondent :UTTAR PRADESH STATE ELECTRICITY BOARD & ANR.

Dated : 28 Aug 2017
ORDER

The petitioner / complainant applied for an electricity connection with the respondent and deposited a sum of Rs.590/- with it.  Admittedly, neither the electricity supply was connected by the respondent to the premises of the petitioner / complainant nor any meter was installed therein.  The complainant however, received electricity bills.  Being aggrieved he approached the concerned District Forum by way of a consumer complaint.

2.     The respondent remained ex-parte before the District Forum which thereafter, allowed the complaint and directed the respondent not to raise any electricity bill, without installing meter.  Compensation was also awarded to the petitioner / complainant.

3.     Being aggrieved from the order passed by the District Forum, the respondent U.P. State Electricity Board approached the concerned State Commission by way of an appeal.  In the Memo of Appeal, the respondent Board took the plea that the petitioner / complainant had started consuming electricity directly after depositing the amount of Rs.590/- and that neither the supply was connected to his premises nor any meter was installed therein.

4.     It is not in dispute that after depositing a sum of Rs.590/- by the petitioner / complainant the respondent did not actually connect electricity supply to his premises and no electricity meter was installed.  If this is so, the petitioner / complainant cannot be said to be a consumer of the complainant.  The case of the respondent / opposite party in the appeal filed before the State Commission was that the bills raised on the petitioner / complainant were on account of theft of electricity by him.  If the case of the petitioner / complainant is that he did not at all consumed electricity, he can avail such a remedy other than filing a consumer complaint as may be open to him in law.  But, without the electricity being connected to his premises and meter being installed therein, he cannot be said to be a consumer of the respondent.  The District Forum therefore, did not have jurisdiction to entertain the consumer complaint.

5.     For the reasons stated hereinabove, I find no ground to interfere with the order passed by the State Commission.  It is however, made clear that if the petitioner / complainant so decides he can avail such remedy other than filing a consumer complaint as may be open to him in law on account of the demand raised on him by the respondent.

        The revision petition stands disposed of.

 
......................J
V.K. JAIN
PRESIDING MEMBER

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