NCDRC

NCDRC

RP/1980/2012

BISHAN DASS - Complainant(s)

Versus

UHBVN - Opp.Party(s)

MR. VISHAL CHADHA

16 Aug 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1980 OF 2012
 
(Against the Order dated 01/02/2012 in Appeal No. 1179/2011 of the State Commission Haryana)
1. BISHAN DASS
S/o Shri Jagat Ram R/o House No-66/05,Shahabad Markanda,tehsil Shahabad
Kurkshetra
Haryana
...........Petitioner(s)
Versus 
1. UHBVN
Sector-6,Shakti Bhawan,,through its Managing Director
Panchkula
Haryana
2. S.D.O. Operation Sub Division,
U.H.B.V.N.Shahabad Markanda
Kurkshetra
Haryana
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE K.S. CHAUDHARI, PRESIDING MEMBER

For the Petitioner :
in person
For the Respondent :NEMO

Dated : 16 Aug 2013
ORDER

Heard petitioner in person and perused the record. Petitioner filed revision petition against the impugned order dated 01-02-2012 passed by learned State Commission by which while dismissing appeal, order of District Forum allowing complaint and quashing demand of Rs.42,235/- raised by opposite party-petitioner was upheld. This complaint pertains to offence committed u/s 135 Indian Electricity Act and against the assessment made by assessment officer for the theft of electricity. In the light of judgment passed by Honle Apex Court in Civil Appeal No. 5466 of 2012 .P. Power Corporation Ltd. & Ors. Vs. Anis Ahmad this complaint is not maintainable before District Forum under Consumer Protection Act. Consequently, revision petition filed by the petitioner is allowed and impugned order dated 01-02-2012 passed by learned State Commission in First Appeal No. 1179/2011 is set aside and complaint stands dismissed. Liberty is granted to the petitioner to seek appropriate remedy available to him before the appropriate forum.

 
......................J
K.S. CHAUDHARI
PRESIDING MEMBER

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