BSES YAMUNA POWER LTD Vs. DELHI POWER CO LTD & ORS THROUGH ITS C M D SHAKTI SADAN KOTLA MARG NEW DELHI

JUDGEMENT

(1.) This revision petition has been filed by the petitioner BSES Yamuna Power Ltd., against the order dated 16.02.2009 of the State Consumer Disputes Redressal Commission, Delhi (in short 'the State Commission') passed in Appeal No.A-08/40.

(2.) Brief facts of the case are that the petitioner herein was the opposite party No.2 in the original complaint No.520 of 2005 filed by the complainant/respondent No.2 herein. The complainant filed a consumer complaint before the District Consumer Disputes Redressal Commission, Delhi (in short 'the District Forum') for refund of the amount paid to erstwhile DESU, opposite party No.1 in the original complaint case which is now respondent No.1 herein. The complainant had deposited this amount with DESU for electrification of the society. However, the work was delayed by DESU and later on the complainant got the work done privately and asked for refund of the amount paid. The District Forum vide its order dated 08.11.2007 ordered as under:-

(3.) The opposite party No.1 preferred an appeal bearing No.A-08/40 before the State Commission alleging that opposite party No.1 is the holding company and the liability remains with distribution companies. The State Commission vide its order dated 16-02-2009 allowed the appeal as under:-