Circuit Bench Aurangabad

StateCommission

A/07/368

Maharashtra State Electricity Distribution Co. Ltd. - Complainant(s)

Versus

Vijay Oil Industries, - Opp.Party(s)

S. S. Medhekar

19 Jul 2013

ORDER

MAHARASHTRA STATE CONSUMER DISPUTE REDRESSAL COMMISSION, MUMBAI.
CIRCUIT BENCH AT AURANGABAD.
 
First Appeal No. A/07/368
(Arisen out of Order Dated 12/02/2007 in Case No. 181/2005 of District Nanded)
 
1. Maharashtra State Electricity Distribution Co. Ltd.
Through its Superintending Engineer, Circle Office Nanded.
 
BEFORE: 
 HON'ABLE MR. S.M.SHEMBOLE PRESIDING MEMBER
 HON'ABLE MRS. UMA BORA MEMBER
 HON'ABLE MR. K.B.GAWALI MEMBER
 
PRESENT:
 
Adv.Vijay Bagdiya
......for the Respondent
ORDER

 

Per.Mr.S.M.Shembole Hon’ble Presiding Judicial Member.


 

 


 

          None for the appellants is present, their counsel Shri. Smt. Smita Medhekar is also absent.  None for the respondent is present, its counsel Shri. Vijay Sharma is also absent. However, proxy Adv. Shri. Vishal Bagdiya appeared with authority letter of Adv. Shri. Vijay Sharma for the respondent and sought adjournment, but on perusal of record, it reflects that the matter is pertain to the theft of electricity. Therefore as per the recent decision dated 01/07/2013 of Hon'ble Appex Court Court in the case of “U.P.Power Corporation Ltd and Ors – V/s- Anis Ahmed” the consumer complaint itself is not maintainable and therefore appeal deserves to be allowed setting aside the impugned judgment and order.  Hence, without considering the request of   proxy advocate for adjournment, 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

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