NCDRC

NCDRC

RP/1131/2010

DR. S.P. BANSAL - Complainant(s)

Versus

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

MR. FANISH K. JAIN

21 Apr 2010

ORDER

Date of Filing: 18 Mar 2010

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. No. RP/1131/2010
(Against the Order dated 23/12/2009 in Appeal No. 968/2007 of the State Commission Haryana)
1. DR. S.P. BANSALC/o. Bansal Nursing Home, Radapur Road, LadwaKurukshetraHaryana ...........Appellant(s)

Vs.
1. UTTARI HARYANA BIJLI VITRAN NIGAM LTD. & ANR.Through its Managing Director, Shakti BhawanPanchkulaHaryana2. A.E.E. OP SUB DIVISIONVHBVNL LadwaKurukshetraHaryana ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE ASHOK BHAN ,PRESIDENTHON'BLE MR. S.K. NAIK ,MEMBER
For the Appellant :MR. FANISH K. JAIN
For the Respondent :NEMO

Dated : 21 Apr 2010
ORDER

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The vigilance staff of the respondent Nigam raided the premises of the petitioner and removed the meter.  The meter was sent to the M & T Lab, Karnal which reported that the meter was running slow and the petitioner was stealing the energy.  Based on this report, the respondent Nigam issued a penalty notice of Rs.3,10,757/- which was challenged by the petitioner by filing a complaint before the District Forum.

 

-2-

District Forum allowed the complaint.  On appeal filed by the respondent, State Commission set aside the order passed by the District Forum and held that the petitioner was guilty of stealing the energy.  The State Commission has relied upon the report submitted by the M & T Lab and the fact that at the time of checking by the raiding staff, petitioner was present and had signed the checking report. 

We have gone through the report of the M & T Lab, part of which has been reproduced in the order of the State Commission.  In view of the report submitted by the M & T Lab, it has to be held that the petitioner was guilty of stealing the energy.  No merits.  Dismissed.



......................JASHOK BHANPRESIDENT
......................S.K. NAIKMEMBER