NCDRC

NCDRC

RP/588/2010

AJMER VIDYUT VITRAN NIGAM LTD. - Complainant(s)

Versus

VIMAL KUMAR - Opp.Party(s)

M/S. NANDWANI & ASSOCIATES

29 May 2014

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 588 OF 2010
 
(Against the Order dated 02/09/2009 in Appeal No. 694/2003 of the State Commission Rajasthan)
1. AJMER VIDYUT VITRAN NIGAM LTD.
Through Sh. Dhirender Saini, Executive Engineer (O&M), Nimbahera
Chittorgarh
Rajasthan
...........Petitioner(s)
Versus 
1. VIMAL KUMAR
R/o. Mangalwad, Tehsil Dungal
Chittorgarh
Rajasthan
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE D.K. JAIN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER
 HON'BLE MR. VINAY KUMAR, MEMBER

For the Petitioner :
Mr. K.L. Nandwani, Advocate
For the Respondent :NEMO

Dated : 29 May 2014
ORDER

 

          The petitioner Vidyut Nigam was the opposite party in the complaint filed by the respondent, inter alia, praying for quashing of the electricity bill in which arrears for the past period had been demanded.  The case of the respondent was that he had been regularly making payment of the bill received and, therefore, there was no justification in raising additional demand on account of arrears.  The complaint was dismissed by the District Forum on the ground that the complainant had failed to establish as to how the bill was illegal as he was himself using a residential connection for running a petrol pump.  On appeal, the State Commission has allowed the complaint, accepting the plea of the respondent that the dispute having been settled with the Vidyut Nigam, there was no justification in the petitioner again demanding the same arrears.  Hence, the Revision Petition.

          We have heard learned Counsel for the petitioner.  The respondent remains unrepresented. 

We have perused the pleadings and other material on record.

Having regard to the quantum of the amount involved, i.e. Rs.17,290.62P, and the fact that in the written version filed on behalf of the Vidyut Nigam there is no clear averment regarding the reasons for inclusion of the arrears in the subject bill, we are of the opinion that it is not a fit case for exercise of our revisional jurisdiction in so far as the question of payment/refund of Rs.17,290.62P is concerned.  Though it is pleaded by learned counsel appearing for the petitioner that the connection in question was for non-domestic supply but was being used for running a petrol pump, and, therefore, the respondent had to be charged on that basis, but we do not find any such averment in the pleadings before the District Forum. 

         Accordingly, the revision petition is dismissed with slight modification that the Vidyut Nigam shall not be liable to pay interest on the said amount, as directed by the State Commission.  The amount deposited by the petitioner in terms of order dated 08.03.2010, as a pre-condition for stay, shall be released to them.  

 

 
......................J
D.K. JAIN
PRESIDENT
......................
VINEETA RAI
MEMBER
......................
VINAY KUMAR
MEMBER

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