AI Structured Summary
Not yet generated for this judgment
Judgment
J. M. Malik, Presiding Member
[1] The show cause notice issued to the respondent has been received back with postal remarks ''refused''.
[2] Heard the counsel for the petitioner.
[3] He submits that the petitioner is an old lady. Due to partition of the house she is living separately in one room. In the interest of justice she has already been granted a separate meter and she is using the meter by an interim order passed by the State Commission. The State Commission has ultimately accepted the appeal of the respondent. The said stay order stands vacated because the State Commission has passed the final order against Smt. Vijaya Bansilalji Bhandari.
[4] These are not the real facts. The real fact is that the house in question was purchased by her late husband Shri Bansilalji Bhandari from one Rajabai Bhagwandas Modi. After purchasing the house the same electricity connection continued in the name of Shri Bansilalji Bhandari. Shri Bansilalji expired and his four sons and widow-complainant became the owner of the said house. There was a partition between the members of the family of Shri Bansilalji Bhandari.
[5] On 02-08-2008 officials of the Maharashtra State Electricity Distribution Company Ltd. found that the meter was running slow. A criminal complaint was initiated. It transpired that the legal representatives of Shri Bansilalji Bhandari had committed the theft of electricity, etc.. The opposite party issued electricity bill claiming arrears of electricity bill of Rs.2,72,196/-. The said bill has not yet been paid.
[6] In view of the decision of the Hon''ble Supreme Court in UP Power Corporation Ltd. & Anr. Vs. Anis Ahmad, 2013 8 SCC 491 arising out of the SLP (C) No.35906 of 2011 the consumer fora cannot deal with the case pertaining to the theft of electricity unless or until the entire bills stand paid. No direction can be given to the respondent to install a new meter in the said premises belonging to any of the legal representatives.
[7] The revision petition has no merit and, therefore, the same is hereby dismissed. No further stay as prayed is hereby granted.