NCDRC

NCDRC

RP/1619/2007

RAFIKUL ISLAM - Complainant(s)

Versus

WEST BENGAL STATE ELECTRICITY BOARD - Opp.Party(s)

AVNEESH GARG

26 Aug 2010

ORDER


NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSIONNEW DELHIREVISION PETITION NO. 1619 OF 2007
(Against the Order dated 25/09/2006 in Appeal No. 345/2001 of the State Commission West Bengal)
1. RAFIKUL ISLAM- ...........Petitioner(s)
Versus
1. WEST BENGAL STATE ELECTRICITY BOARD- ...........Respondent(s)

BEFORE:
HON'BLE MR. JUSTICE R.K. BATTA ,PRESIDING MEMBERHON'BLE MR. VINAY KUMAR ,MEMBER
For the Petitioner :NEMO
For the Respondent :NEMO

Dated : 26 Aug 2010
ORDER

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Heard counsel for the parties. The dispute pertains to the year 2000 when Electricity Act, 1910 was applicable and not Electricity Act, 2003. In fact the petitioner had approached the District Forum on the ground that in spite of his writing letters to the Electrical Inspector, the grievance relating to defective meter had not been attended to. Learned counsel for the respondent states that opposite party was always ready for reference to the Chief Electrical Inspector which was not agreed to by the District Forum. In the facts and circumstances when both the parties wanted that the matter be referred to the Chief Electrical inspector who would decide the issue relating to the defective meter, it is considered appropriate that the matter should have been referred to the Electrical Inspector on the issue relating to his findings on the fact that the meter was defective or not. In view of this position, the matter is required to be remanded to the State Commission to refer the issue relating to defective meter to the Electrical Inspector. All contentions of the parties including as to whether proper procedure was followed in taking possession of the defective meter are left open. The State Commission shall, therefore, refer the issue of defective meter to the Electrical Inspector and upon receiving report from him, hear the parties on all aspects which are left open for arguments. The revision is disposed of in aforesaid terms with no order as to costs. The parities shall appear before the State Commission on 25.10.2010.


......................JR.K. BATTAPRESIDING MEMBER
......................VINAY KUMARMEMBER