NCDRC

NCDRC

RP/1874/2011

SANJAY AGRO INDUSTRIES LTD. - Complainant(s)

Versus

UHBVN LTD. & ORS. - Opp.Party(s)

M/S. KAUSHAL & ASSOCIATES

08 Jul 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1874 OF 2011
 
(Against the Order dated 10/01/2011 in Appeal No. 1639/2007 of the State Commission Haryana)
1. SANJAY AGRO INDUSTRIES LTD.
VILLAGE MOHARA, TEHSIL AND
AMBALA
...........Petitioner(s)
Versus 
1. UHBVN LTD. & ORS.
SUB DIVVISON NO.1, 12 CROSS ROAD
AMBALLA CANTT
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE R. C. JAIN, PRESIDING MEMBER
 HON'BLE MR. S. K. NAIK, MEMBER

For the Petitioner :
Mr. Samir Tandon, Advocate
For the Respondent :NEMO

Dated : 08 Jul 2011
ORDER

 

Challenge in these proceedings is to the order dated 10.01.2011 passed by the Haryana State Consumer Disputes

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Redressal Commission, Panchkula (in short, ‘the State Commission’) in first appeal No. 1639 of 2007.  The appeal before the State Commission was filed against the order dated 30.04.2007 passed by the District Consumer Forum, Ambala, by which the District Consumer Forum had allowed the complaint of the complaint and quashed certain bills issued by the opposite party-Nigam imposing certain penalty.   The State Commission in appeal has set aside the said order mainly on the ground that the complainant being a commercial entity and having availed the services of the Nigam purely for commercial purpose was not a ‘consumer’ within the meaning of Section 2(1)(d)(o) stands amended by the Amending Act No. 62 of 2002 effective from 15.3.2003. 

In our view, the order passed by the State Commission is strictly in accordance with law and the settled legal position as has been stated by this Commission and the Supreme Court in number of cases.  The impugned order does not suffer from any illegality, material irregularity or any jurisdictional error, which calls for any interference in revisional jurisdiction under Section 21(b) of the

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Consumer Protection Act, 1986.  The revision petition is dismissed with the observation that the petitioner may pursue his remedy otherwise if so permissible.

 
......................J
R. C. JAIN
PRESIDING MEMBER
......................
S. K. NAIK
MEMBER

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