LAWS(NCD)-2015-2-39

MAHESH JANGID Vs. CHAIRMAN AND MANAGING DIRECTOR

Decided On February 20, 2015
Mahesh Jangid Appellant
V/S
CHAIRMAN AND MANAGING DIRECTOR Respondents

JUDGEMENT

(1.) THIS appeal has been filed by the appellant against the order dated 1.8.2013 passed by the Rajasthan State Consumer Disputes Redressal Commission, Circuit Bench No.2, Jaipur (in short, 'the State Commission') in Consumer Complaint No. 99/2010 Mahesh Chand Jangid Vs. Chairman and Managing Director, JVVNL and Ors. by which, complaint was dismissed.

(2.) BRIEF facts of the case are that complainant/appellant's electricity connection was disconnected by OP/respondent on 29.9.2007 on the basis of tampering with the meter based on inspection report dated 1.9.2007 and 29.9.2007. It was further submitted that complainant's father Ganpat Ram filed complaint before District forum on 4.10.2002 on the same cause of action which was dismissed by District Forum and appeal filed by his father was partly allowed by learned State Commission vide order dated 16.1.2009 and directed OP to reconnect on depositing Rs.3,840/ -. Review petition filed by the complainant was also dismissed by order dated 6.1.2010. It was further submitted that on the basis of RTI information, the supply of electricity was not available on 29.9.2007 and in such circumstances, checking report dated 29.9.2007 is forged one and theft of electricity was not committed. Alleging deficiency on the part of OP, complainant filed complaint before State Commission. OP resisted complaint and submitted that as earlier complaint filed by father of the complainant on same cause of action was dismissed complaint was not maintainable. It was further submitted that electricity connection has not been transferred in the name of the complainant and prayed for dismissal of complaint. Learned State Commission after hearing both the parties dismissed complaint as not maintainable against which this appeal has been filed along with application for condonation of delay.

(3.) HEARD the appellant in person and perused record. Appellant has filed this appeal along with application for condonation of delay. He has not mentioned period of delay to be condoned in the application for condonation of delay, but as per office report, there is delay of 517 days in filing appeal. Paragraph 3 of the application runs as under: