NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
R.K. Agrawal, President and Dr. S.M. Kantikar, Member
Narayan Prasad Kesharwani – Petitioner
versus
Chhattisgarh State Electricity
Distribution Korba – Respondent
Revision Petition No.1352 of 2015
(Against the Order dated 07/02/2015 in Appeal No.785/2014 of the State Commission Chhattisgarh)
Decided on 16.2.2022
Consumer Protection Act, 1986 – S.21(b) [Consumer Protection Act, 2019 – S.58(1)(b)] – Electricity Act, 2003, Section 126 and 135 to 140 – Services – Electricity Dis-Connection – State Commission had dismissed the Appeal filed by the Petitioner, revision is filed against order of State Commission, District forum dismissed the Complaint by observing that the dispute falls under Section 126 and 135 to 140 of the Electricity Act – Petitioner was found to be in illegal Consumption of Electricity, Electricity connection was disconnected – In the instant case, the electricity connection was not disconnected due to deficient service but in view of proceedings initiated under section 135 to 140 of Electricity Act, 2003 – Thus, in the present case there is concurrent finding of the fact that the electricity connection was disconnected due to proceedings under section 135 to 140 of Electricity Act, 2003 – Impugned Order dated 07.02.2015 passed by the State Commission is upheld – Petition is dismissed. [Paras 10 to 12].
Result: Petition dismissed.
ORDER
1. The present Revision Petition under Section 21(b) of the Consumer Protection Act, 1986 (for short “the Act”), has been preferred by Narayan Prasad Kesharwani (hereinafter referred to as the Petitioner), assailing the Order dated 07.02.2015, passed by the Chhattisgarh State Consumer Disputes Redressal Commission, at Pindari, Raipur (for short “the State Commission”) in First Appeal No. 14/2014 whereby the State Commission had dismissed the Appeal filed by the Petitioner and uphold the Order dated 11.11.2014 passed by the District Consumer Disputes Redressal Commission at Korba, Bilaspur (for short “the District Forum”).
2. Succinctly put, the material facts as narrated in the Complaint are that on 07.01.2013, allegedly men claiming to be officials of the Chhattisgarh State Electricity Distribution Company (hereinafter referred to as the Respondent Company), entered the house of the Petitioner and got signature of Petitioner’s wife on several documents under duress and a provisional bill of Rs.52,140/- was generated on 09.01.2013. That again officials visited the house of the Petitioner and disconnected the electricity connection, however, the electricity connection was restored on 13.01.2013. On 19.01.2013 another bill of Rs.1,46,386/- was raised on Petitioner which was delivered at the house of the Petitioner only on 24.01.2013 and a letter dated 19.01.2013 was filed before the Police Station, Rampur seeking to register FIR against the Petitioner. Subsequently, on 29.06.2013 Petitioner applied for electricity connection at his residential house for First Floor, and fresh connection was granted to the Petitioner vide connection no. 1004756649/3341837-67-017960. That the Petitioner also filed RTI in order to ascertain the status of the letter filed before the Police Station, Rampur, in reply to which the Petitioner was informed that no FIR has been registered against him. Aggrieved, Petitioner filed Complaint before the District Commission being Consumer Complaint No. 14 of 2002 alleging deficiency in service by the Respondent since the requisite electricity connection was disconnected from 07.01.2013 till 13.01.2013 without any reason whatsoever.
3. After hearing the parties and considering the facts and circumstances of the case, the District Forum vide Order dated 11.11.2014 dismissed the Complaint by observing that the dispute falls under Section 126 and 135 to 140 of the Electricity Act and in view of the principle laid down by the Hon’ble Supreme Court in the case of “U.P. Power Corporation Ltd. & Ors. Vs. Anis Ahmad, III (2013) CPJ (SC) 1, the District Forum does not have the jurisdiction to entertain the Complaint.
4. Upon Appeal being preferred by the Petitioner before the State Commission, vide order dated 07.02.2015 upheld the Order passed by the District Commission by observing as under:-
Upon perusal it has been found that electricity supply has been received by the Appellant illegally and in this condition relying on the Judgment passed by the Hon’ble Supreme Court in U.P. Power Corporation Ltd. & Ors. Vs. Anis Ahmad, III (2013) CPJ (SC) 1, it is found that the District Forum does not have the jurisdiction to hear the case and therefore, the Order as passed by the District Commission is in accordance with the law. There is no need to interfere with the above order.
5. Being aggrieved, the Petitioner/Complainant has filed the present Revision Petition before this Commission assailing Impugned Order dated 07.02.2015 passed by the State Commission, with following prayers:-
“(a) call for records and pass appropriate orders;
(b) set aside the judgment and order dated 07.02.2015 passed in FA/14/785 by the Chhattisgarh State Consumer Disputes Redressal Commission, Pandri, Raipur; and
(c) grant compensation of Rs. 10,00,000/- to the Petitioner for mental agony and sufferings; and/or
(d) pass such other and further order or orders as this Hon’ble Commission may deem fit and proper in the facts and circumstanc
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