Circuit Bench Aurangabad

StateCommission

FA/12/320

The Deputy Executive Engineer, Maharashtra State Electricity Distribution co. Ltd. - Complainant(s)

Versus

Mohamad Muniroddin Mohamad Sharfoddin - Opp.Party(s)

Adv.Sanjay Mundhe

03 Sep 2013

ORDER

MAHARASHTRA STATE CONSUMER DISPUTE REDRESSAL COMMISSION, MUMBAI. CIRCUIT BENCH AT AURANGABAD.

First Appeal No. FA/12/320 (Arisen out of Order Dated 09/05/2012 in Case No. 106/11 of District Beed)   1. The Deputy Executive Engineer, Maharashtra State Electricity Distribution co. Ltd. Beed Beed Maharashtra ...........Appellant(s) Versus 1. Mohamad Muniroddin Mohamad Sharfoddin Balbhim Chowk, Beed Maharashtra ...........Respondent(s)

BEFORE:     HON'ABLE MR. S.M.SHEMBOLE PRESIDING MEMBER   HON'ABLE MRS. UMA BORA MEMBER   HON'ABLE MR. K.B.GAWALI MEMBER

PRESENT: Adv.Sanjay Mundhe, Advocate for the Appellant 1   None. ......for the Respondent

ORDER   Per.Mr.S.M.Shembole Hon’ble Presiding Judicial Member.     1.       Adv.Shri.Sanjay Mundhe for the appellant is present. However, respondent Shri.Mohammad Muniroddin Mohammad Sharfoddin as well as his counsel Shri.Wajed Khan are absent. On 05/02/2013 Adv.Shri.Wajed Khan had given undertaking to file his V.P. but thereafter he did not turn up. It is submitted by the Ld. counsel for the appellant that the matter is being pertains is to the theft of electricity, as per the recent decision dated 1st July 2013 of Hon'ble Appex Court the consumer complaint itself is not maintainable and therefore appeal deserves to be allowed by setting aside the impugned judgment and order.   2.       We have perused the copy of impugned judgment and order and copies of disputed electricity bill and satisfied that the matter is pertained to theft of electricity and therefore the complaint itself is not maintainable, as per the decision dated 1st July 2013 of Hon'ble Supreme Court in the case of “U.P.Power Corporation Ltd and Ors – V/s- Anis Ahmed” . Hence, the appeal is allowed and the impugned judgment and order is set aside. Consequently complaint stands dismissed. No order as to cost.

[HON'ABLE MR. S.M.SHEMBOLE] PRESIDING MEMBER   [HON'ABLE MRS. UMA BORA] MEMBER   [HON'ABLE MR. K.B.GAWALI] MEMBER