NCDRC

NCDRC

FA/174/2009

PUNJAB STATE ELECTRICITY BOARD - Complainant(s)

Versus

RANJIT SINGH - Opp.Party(s)

MS. KANIKA AGNIHOTRI

10 Oct 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION

NEW DELHI

FIRST APPEAL NO. 174 OF 2009

(Against the Order dated 06/04/2009 in Complaint No. 51/2008 of the State Commission Punjab)

1. PUNJAB STATE ELECTRICITY BOARD Through Mr. Sanjeev Kumar, Senior Executive Engineer (Operation), Division, Punjab State Electricity Board Phagwara Punjab	...........Appellant(s)
Versus
1. RANJIT SINGH S/o Sh. Dayal Singh, City Heart Resorts, Hoshiarpur Road Phagwara Punjab	...........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 Appellant :

Mr. Jayant K. Sud, Advocate & Mr. Vishal Dabas, Advocate

For the Respondent :

Mr. Gopal Prasad, Advocate

Dated : 10 Oct 2013

ORDER

This appeal under Section 19 of the Consumer Protect Act, 1986 (for short ‘the Act”) is directed against order dated 06.04.2009 passed by the State Consumer Disputes Redressal Commission, Punjab in Consumer Complaint No.51 of 2008. By the impugned order, the State Commission, has set aside the demand notice issued by the Punjab State Electricity Board,  with  liberty  to  the  Electricity  Department  to  overhaul  the account of the respondent for the period from 9th July, 2008 to 9th August, 2008, during which the electricity meter was not functioning.          In “U.P. Power Corporation Ltd. & Ors. Vs. Anis Ahmad”, (2013) 8 SCC 491, the Hon’ble Supreme Courthas been pleased to hold that a complaint against assessment made under section 126 of the Electricity Act, 2003 or action taken under Sections 135 to 140 of the said Act is not maintainable before a Consumer Forum under the Act. In view of the said authoritative pronouncement, the complaint giving rise to this appeal could not be entertained by the State Commission.        Consequently, the appeal is allowed and the impugned order is set aside, with liberty to the respondent to take recourse to an appropriate remedy for redressal of his grievance. No costs.

......................J

D.K. JAIN

PRESIDENT

......................

VINEETA RAI

MEMBER

......................

VINAY KUMAR

MEMBER