State Consumer Disputes Redressal Commission
Harvinder Singh vs Bses Rajdhani Power Limited on 13 February, 2007
IN THE STATE COMMISSION : DELHI
(Constituted under Section 9
clause (b) of the Consumer Protection Act, 1986 )
Date of Decision : 13.02.2007
Appeal No.A-639/2004
(Arising from impugned
order dated 05.08.2004 passed by
District Forum-III, Janak Puri,
New Delhi in complaint Case No.606/04)
Shri Harvinder Singh Appellant
WZ-274-E/5, Plot No.101
Navyug Block, Vishnu Garden
New Delhi
Versus
B.S.E.S. Rajdhani Power Ltd.
Respondent
Punjabi Bagh
Zone, through
Mr.Avinash Kumar
New Delhi advocate
CORAM:
Mr.
Justice J.D.Kapoor President
Ms Rumnita Mittal Member
1. Whether reporters of local newspapers be allowed to see the judgment?
2. To be referred to the Reporter or not?
Justice J.D.Kapoor (Oral)
1. Vide impugned order dated 05.08.2004 the complaint of the appellant seeking direction for installing a new electricity meter at his shop was dismissed being barred by limitation. Feeling aggrieved appellant has preferred this appeal.
2. The very perusal of the impugned order shows that the District Forum has erred in dismissing the complaint at admission stage.
3. The facts relevant for our purpose, in brief, are that the appellant applied for new electricity connection at his shop and deposited Rs.12,000/- with the respondent on 11.01.2000 and thereafter he had been approaching the respondent time and again and has been writing to the respondent but to no avail. Feeling aggrieved, he filed the instant complaint before the District Forum.
4. District Forum has taken the date of application for new connection as the date when cause of action arose and dismissed the complaint u/s 24-A of the Act having been filed beyond the period of two years.
5. Cause of action in such nature of disputes is of subsisting nature and continues till the OP takes some action on the representation of the complainant seeking redressal of his grievance. It is either the last representation or the legal notice given by the complainant that prima facie determines the limitation. In view of the aforesaid reasons, the appeal is allowed, impugned order is set aside and the matter is sent back to the District Forum for deciding it afresh after affording opportunity to the respondent to put up its version and thereafter, decide it on merits. The parties shall appear before the concerned District Forum for the aforesaid purposes on 13.03.2007.
6. Bank Guarantee/FDR, if any, deposited by the appellant be returned to the appellant forthwith under proper receipt.
7. A copy of this order, as per the statutory requirements be forwarded to the parties, free of charge and also to the concerned District Forum and thereafter the file be consigned to the Record Room.
(Justice J.D.Kapoor) President (Rumnita Mitital) Member slc