State Consumer Disputes Redressal Commission
Maharashtra State Electricity ... vs Sattar Rafiuddin Shaikh on 25 November, 2013
1 FA/857/2008
Date of filing :12/08/2008
Date of order :25/11/2013
MAHARASHTRA STATE CONSUMER DISPUTE REDRESSAL
COMMISSION,MUMBAI, CIRCUIT BENCH AT AURANGABAD.
FIRST APPEAL NO. : 857 OF 2008
IN COMPLAINT CASE NO.: 108 OF 2008
DISTRICT CONSUMER FORUM : OSMANABAD.
Deputy Engineer
Maharashtra State Electricity Distribution Co.Ltd.
Tq & Dist. Osmanabad. Appellant
VERSUS
Sattar Rafiuddin Shaikh
R/o.Samta nagar Osmanabad,
Tq & Dist. Osmanabad. Respondent.
CORAM : Mr.S.M.Shembole, Hon`ble Presiding Judicial Member.
Mrs.Uma Bora, Hon'ble Member.
Mr.K.B.Gawali, Hon'ble Member.
O R A L O R D E R Per.Mr.S.M.Shembole Hon'ble Presiding Judicial Member.
1. Adv.V.B.Deshmukh for the appellant and Adv. Shri.V.S.Tanwade for the respondent are present. It is submitted by the Ld. counsel for the appellant that the matter is being pertained to the dispute regarding the assessment of electricity bill U/Sec. 126 of Electricity Act and therefore the consumer complaint itself is not maintainable and therefore appeal deserves to be allowed by setting aside the impugned judgment and order.
2. To which it is denied by Shri. Tanwade Ld. Counsel for the respondent and submitted that the disputed bill is not pertained to the assessment U/Sec. 126 of Electricity Act. It is further submitted that initially the bill was issued by making assessment U/Sec. 126 of the Electricity Act. Subsequently, it was revised by reducing the amount etc. on the basis of complaint made by the respondent etc. But on perusal of 2 FA/857/2008 the copy of the disputed bill it clearly reflects that it was also issued by making assessment U/Sec. 126 of Electricity Act. Therefore though subsequently the amount of bill was reduced it can not be disputed that the bill was not issued on the basis of assessment of U/Sec. 126 of Electricity Act.
3. Hence, it is obvious that the disputed bill is being pertained to the assessment of electricity charges U/Sec. 126 of Electricity Act. Therefore as per the recent decision dated 01/07/2013 of Hon'ble Appex Court in the case of "U.P.Power Corporation Ltd and Ors - V/s- Anis Ahmed" the consumer complaint itself is not maintainable, appeal deserves to be allowed setting aside the impugned judgment and order. Accordingly, the appeal is allowed and the impugned judgment and order is set aside. Consequently, complaint stands dismissed. No order as to cost.
K.B.Gawali Mrs.Uma Bora S.M.Shembole Member Member Presiding Judicial Member Patil A.H. Steno H.G. 3 FA/857/2008