ORAL

                STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                               UTTAR PRADESH, LUCKNOW

                                  REVISION NO. R/95/2019

                      (Against the order dated 03-11-2018 in Complaint Case No.

                   466/2018 of the District Consumer Forum, Gautam Budh Nagar )

 Paschimanchal Vidyut Vitran Nigam Limited

 Electricity Urban Distribution Division-I

 Sector-25, Noida.   

                                                                                      ...Revisionist

                                                     Vs.

Kuldeep, S/o Sri Meghraj Sharma

R/o House No.63, Chirjarsi

Thana, Phase III, Noida

Gautam Budh Nagar 

                                                                                      ...Opposite party

BEFORE:

HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT

For the Revisionist         :   Mr. Isar Husain, Advocate.

For the Opposite Party   :  

Dated :  30-10-2019

                                                  ORDER

      MR. JUSTICE A. H. KHAN, PRESIDENT 

        Sri Isar Husain, learned Counsel for the revisionist appeared.

        I have heard learned Counsel for the revisionist and perused impugned order dated 03-11-2018 passed by District Consumer Forum, Gautam Budh Nagar in Complaint Case No. 466/2018 Kuldeep V/s Paschimanchal Vidyut Vitran Nigam Limited whereby the District Consumer Forum has passed interim order to connect electric connection of opposite party who is complainant in the above complaint.

It is contended  by learned Counsel for the revisionist that the opposite party was found involved in theft of electricity and assessment was made in accordance with Electricity Act. The complaint filed before District Consumer Forum is not maintainable under the Consumer 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 revisionist that the

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impugned order passed by District Consumer Forum is against law and without jurisdiction.

I have considered the submission made by learned Counsel for the revisionist.

Perusal of impugned order shows that the opposite party of the complaint now revisionist has raised plea of maintainability of complaint on the ground of theft of electricity as well as assessment made under Electricity Act but the District Consumer Forum has not considered the issue in the light of judgment of Hon’ble Apex Court rendered in the case of U P Power Corporation Limited and others V/s Anish Ahmad  Civil Appeal No. 5466/2012 arising out of S.L.P. No. 35906 of 2011.

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 the case of  U P Power Corporation Limited and others V/s Anish Ahmad (supra).

Till date of decision on maintainability of complaint operation of impugned order shall be kept in abeyance.

Let copy of this order be made available to the parties positively within 15 days as per rules.

                                                                ( JUSTICE A H KHAN )

                                                                                 PRESIDENT

          Pnt.