NEPA LTD Vs. MADHYA PRADESH ELECTRICITY BOARD

JUDGEMENT

(1.) IN this complaint filed under Section 21(a) of the Consumer Protection Act, complainant is a Public Sector Undertaking claiming a sum of Rs. 54,75,03,540/ - with interest @ 18% per annum from 13.2.1999 till the date of payment. Complaint is against another Public Sector Body i.e. Madhya Pradesh Electricity Board. This complaint was filed on 12.7.2000. On two dates on 19.12.2000 and 30.1.2001 when the complaint came up for hearing, it was adjourned on the request of the Counsel for the complainant. Again it was adjourned on 20.3.2001 at the request of Counsel for the complainant to seek instructions to withdraw the complaint as both the parties belong to Public Sector. Thereafter, complaint was dismissed in default and subsequently restored and notice again issued to the Madhya Pradesh Electricity Board -opposite party.

(2.) WRITTEN version has since been filed. We have, with the help of Counsels for the parties, gone through the complaint. The details of the amount as claimed is given in para 36 of the complaint as under :

(3.) WE would, therefore, reject this complaint and left the complainant to go to Civil Court for the reliefs claimed or even seek arbitration if permitted in law. Complainant may seek exclusion of time under Section 14 of the Limitation Act while matter was pending in this Commission, in view of the judgment of the Supreme Court in the case of Laxmi Engineering Works v. PSG Industrial Institute, II (1995) CPJ 1 (SC)=(1995) 3 SCC 583. Complaint dismissed.