ORAL
STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
UTTAR PRADESH, LUCKNOW
REVISION NO. R/97/2019
(Against the order dated 13-08-2019 in Complaint Case No.
303/2019 of the District Consumer Forum, Gautam Budh Nagar )
- Ajai Ojha, Executive Engineer
Paschimanchal Vidyut Vitran Nigam Limited
Electricity Urban Distribution Division-III
Sector-16A, Noida.
- Executive Engineer
Paschimanchal Vidyut Vitran Nigam Limited
Electricity Urban Distribution Division-III
Sector-16A, Noida.
...Revisionists
Vs.
Har Kishan, S/o Sri Ram Swaroop
R/o Village Garhi Shahdara
Sector 143, Noida
Gautam Budh Nagar - 201304
...Opposite party
BEFORE:
HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT
For the Revisionist : Mr. Isar Husain, Advocate.
For the Opposite Party :
Dated : 01-11-2019
ORDER
MR. JUSTICE A. H. KHAN, PRESIDENT
Sri Isar Husain, learned Counsel for the revisionists appeared.
I have heard learned Counsel for the revisionists and perused impugned order dated 13-08-2019 passed by District Consumer Forum, Gautam Budh Nagar in Complaint Case No. 303/2019 Har Kishan V/s Executive Engineer, Paschimanchal Vidyut Vitran Nigam Limited whereby the District Consumer Forum has restrained opposite parties of complaint now revisionists from making recovery of disputed amount or taking coercive steps for the same.
It is contended by learned Counsel for the revisionists that the opposite party was found involved in theft of electricity and assessment was made in accordance with Electricity Act. The complaint filed by complainant now opposite party is not maintainable under the Consumer
:2:
Protection Act in view of proposition laid down by Hon’ble Apex Court in the case of U P Power Corporation Limited and others V/s Anish Ahmad.
It is contended by learned Counsel for the revisionists that the impugned order passed by District Consumer Forum is against law and without jurisdiction.
I have considered the submission made by learned Counsel for the revisionists.
Impugned order has been passed exparte against opposite parties of complaint now revisionists in revision. Opposite parties of complaint now revisionists have filed objection before District Consumer Forum regarding maintainability of complaint.
In view of above present revision petition is disposed of finally at this stage with direction to District Consumer Forum, Gautam Budh Nagar to decide the issue of maintainability of complaint in the light of proposition laid down by Hon’ble Apex Court in Civil Appeal No. 5466/2012 arising out of S.L.P. No. 35906 of 2011 U P Power Corporation Limited and others V/s Anish Ahmad.
Till decision on maintainability of complaint no coercive steps shall be taken against revisionists to secure compliance of impugned order.
Let copy of this order be made available to the parties positively within 15 days as per rules.
( JUSTICE A H KHAN )
PRESIDENT
Pnt.
