Dakshini Haryana Bijli Vitran Nigam Ltd. vs SURINDER MOHAN

THIS revision petition has been filed by the petitioner against the order dated 26.07.2012 passed by the learned State Consumer Disputes Redressal Commission, Haryana (in short, ''the State Commission '') in Appeal No. 664 of 2008 - Dakshini Haryana Bijli Nigam Ltd. and Ors. Vs. Surinder Mohan, by which while dismissing the appeal, order of the District Forum allowing the complaint was upheld.

LEARNED District Forum quashed demand raised by the opposite party on the basis of checking report and tempering of seals of electric meter. Learned State Commission dismissed appeal as it was filed with a delay of 110 days as well on merits. Heard learned counsel for the parties and perused record.

AS the complaint itself was not maintainable before the District Forum, we deem it appropriate to condone the delay of 18 days in filing the revision petition as well as delay of 110 days in filing appeal before the State Commission, subject to payment of Rs. 5,000/ - as costs by the petitioner to respondent within a month.

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 Hon ''ble Apex Court in Civil Appeal No. 5466 of 2012 ''''U.P. Power Corporation Ltd. and Ors. Vs. Anis Ahmad '', this complaint was not maintainable before District Forum under Consumer Protection Act, 1986. Consequently, revision petition filed by the petitioner is allowed and impugned order dated 26.07.2012 passed by the learned State Commission in First Appeal No. 664 of 2008 is set aside and complaint stands dismissed.

LIBERTY is granted to the petitioner to seek appropriate remedy available to him before the appropriate Forum.