Sub Divisional Officer, Op Sub Division vs ABHAY KUMAR JAIN

THIS revision petition has been filed by the petitioner against the order dated 28.01.2003 passed by Haryana State Consumer Disputes Redressal Commission, Chandigarh (in short, ''the State Commission'') in Appeal No. 1350 of 2002 Sub Divisional Officer, ''OP'' Sub Division, DHBVNL (formerly known as HSEB) Vs. Abhay Kumar Jain by which, while dismissing appeal, order of District Forum allowing complaint and quashing demand was upheld.

HEARD learned Counsel for the parties and perused record.

THE complaint pertains to illegal demand of Rs.1125/ - for unauthorized extension of load and quashing of penalty of Rs.4,01,477/ - on account of theft of energy. 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 is not maintainable before District Forum under Consumer Protection Act.

CONSEQUENTLY , revision petition filed by the petitioner is allowed and impugned order dated 28.1.2003 passed by learned State Commission in First Appeal No. 1179/2011 is set aside and complaint stands dismissed.

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