Tribunals and Commissions

NARESH CHANDER vs S.D.O., H.S.E.B.

National Consumer Disputes Redressal Commission · Decided on 1 August 1995 · Citation: 1995 2 CPC 246 : 1995 3 CPJ 162 : 1995 3 CPR 308

HON’BLE JUDGES
M.R.Agnihotri , S.Kulwant Singh J.
RESULT
Appeal dismissed without costs
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Judgment

2 paragraphs · 242 words
1.

ADMITTEDLY, appellant-Naresh Chander''s father expired on 10th of March, 1989, in whose name the disputed energy connection for running a tubewell stood installed in Lala Sham Lal''s Garden, Hisar. Even after the death of his father the electricity connection still continues to be in the name of the deceased, who had executed the requisite agreement in favour of the Haryana State Electricity Board.

2.

NARESH Chander complainant-appellant had some grievance about the amount of bills received after the death of his father Madan Gopal. It was for the redressal of these grievances that NARESH Chander approached the learned District Forum, Hisar. Learned District Forum however dismissed the complaint by holding that for want of transfer of the said account in the name of the complainant, the complaint was not maintainable. In appeal before us, the appellant has reiterated his claim by pleading that after the death of his father me tubewell connection has fallen to his share in the partition of property. Even if it is so, he is required under the law to apply to the H.S.E.B. for the execution of the fresh agreement in his favour. It will be only thereafter that he would become a consumer within the meaning of Consumer Protection Act. Till then, he has no right to maintain the present complaint. Consequently, we uphold the decision of the learned District Forum and dismiss the appeal with no order as to costs. Appeal dismissed without costs.