NCDRC

NCDRC

RP/1173/2011

SMT. SANTOSH SHARMA - Complainant(s)

Versus

UHBVN - Opp.Party(s)

MR. VIKAS SHARMA

04 Jul 2011

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1173 OF 2011
 
(Against the Order dated 28/12/2010 in Appeal No. 1909/2010 of the State Commission Haryana)
1. SMT. SANTOSH SHARMA
R/o. H. No. 3484, Urban Estate, Jind, Tehsil and District Jind
Jind
Haryana
...........Petitioner(s)
Versus 
1. UHBVN
(OP) Sub Division, UHBVN
Jind
Haryana
2. U.H.B.V.N.
Through Executive Engineer (OP) Div.
Jind
Haryana
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE V. R. KINGONKAR, PRESIDING MEMBER
 HON'BLE MR. VINAY KUMAR, MEMBER

For the Petitioner :
Mr.Vikas Sharma, Advocate
For the Respondent :NEMO

Dated : 04 Jul 2011
ORDER

We have heard learned counsel for the petitioner. 2. The petitioner filed a complaint against the respondent, which was dismissed by the District Consumer Forum. 3. The case of the petitioner was that the electricity meter was not properly checked and checking report was faulty. He alleged -2- deficiency in service and contended that the demand bills were erroneous. Feeling aggrieved by the order of the District Consumer Forum, the petitioner preferred a review application. The review application was, however, withdrawn when it was noticed that the same was not maintainable at all. The petitioner thereafter preferred an appeal. There was delay in filing of the appeal. The delay of 261 days was not initially explained but later on, when the office raised objection, a separate application for condonation of delay was filed. The State Commission dismissed the review application and the delay condonation application mainly on the ground that delay of 261 days could not be condoned in view of the legal position enumerated in .P. Avas Evam Vikas Parishad & Another Vs. Smt.Satyawati- III(1999) CPJ 217 It is observed in the given case that the time spent by a party in review proceedings cannot be condoned, inasmuch as the review application is impermissible under the Consumer Protection Act, 1986 and, therefore, such condonation is also impermissible. We do not find any substantial reason to deviate from the settled legal position. In this view of the matter, the revision petition is without merits, and as such, is dismissed, with no order as to cost.

 
......................J
V. R. KINGONKAR
PRESIDING MEMBER
......................
VINAY KUMAR
MEMBER

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