ANIL BHAMBRI Vs. NORTH DELHI POWER LTD

JUDGEMENT

(1.) The challenge by means of this Regular First Appeal (RFA) filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) is to the impugned judgment of the Trial Court dated 15.11.2011 rejecting the plaint under Order 7 Rule 11 CPC by holding that the suit was barred by limitation. The Trial Court refused to give the benefit of Section 14 of the Limitation Act, 1963 for the period spent by the appellant/plaintiff in pursuing the proceedings for similar relief in the Consumer Forum, Delhi. The subject suit was filed for declaration, challenging the electricity bill issued by the respondent/defendant for Rs. 8,27,760/- in respect of K No. 33400951708 located at 18A/2, Industrial Area, Phase-II, Naraina, New

(2.) The appellant/plaintiff had approached the District Consumer Forum in New Delhi to challenge the bill where he has deposited a sum of Rs. 2,50,000/- however, the Consumer Forum dismissed the petition as withdrawn because the appellant/plaintiff was found not to be a "consumer" under the Consumer Protection Act, 1986.

(3.) The Trial Court has observed as under for denying the benefit of Section 14 of the Limitation Act to the appellant/plaintiff:-