Order Sheet Dated 24/07/2017

Order Sheet dated 24/07/2017

In Appeal No. 96/2016

Shri Rajneesh Mishra, C-201, Star Rameshwaram, Raj Nagar Extension, Ghaziabad. ------Petitioner

Versus

1- Executive Engineer, Electricity Urban Distribution Division – VII, Ghaziabad. 2- Shri Goldee Gupta and Shri Nitin Gupta, Partners Star A.M.D. Realcon, 1010, Faiz Road, Karol Bagh, New Delhi-110005 3- Star A.M.D. Realcon (Builder), Shoprix Mall, First Floor, H.-1, Kaushambi, Ghaziabad-201010 4- Fresh Facility Management Services Pvt. Ltd. (Maintenance Agency), Faiz Road, Karol Bagh, New Delhi-110005 5- PVVNL through Superintending Engineer, Electricity Urban Distribution Zone – I, A-Block, Hydel Colony, Kavi Nagar, Ghaziabad. 6- Capital Power System Ltd., B-40 Shaheed Arjun Sarona Marg, Near Telephone Exchange, Sector-4, Noida-201301 ------Respondents Order on the hearing dated 24/07/2017

The petitioner was present.

The respondent no. 1 Executive Engineer Paschimanchal Vidyut Vitran Nigam Ltd. Electricity Urban Distribution Division VII Ghaziabad was represented by Shri A. S. Rakhra, Advocate.

The Respondent no. 2 and 3 Shri Goldee Gupta and Shri Nitin Gupta, Partners Star A.M.D. Realcon, were represented by Shri S.K. Pal Advocate.

The Respondent no. 4 was absent.

The Respondent no. 5 PVVNL through Superintending Engineer, Electricity Distribution Zone-1, Ghaziabad was represented by Shri A.S. Rakhra Advocate.

The Respondent no. 6 Capital Power System Ltd. was represented by Shri S. Alam.

During the hearing Shri Rajneesh Mishra (Petitioner) submitted that the Respondents have not yet made any submission before the Commission. The Counsel representing the Builder (Resp. No. 3) submitted that while the Appeal of Petitioner is still pending before the Electricity Ombudsman, the Petitioner, disrespecting the authority of the Electricity Ombudsman, has approached the Commission directly under Section 142 of the Electricity Act, 2003 and therefore trying to do forum hopping.

The Counsel representing the Builder (Resp. No. 3) further submitted that in the impugned matter final hearing before the Electricity Ombudsman is fixed on 13th September, 2017. The Commission observed that it is reasonable to wait till the final order of the Ombudsman.

List on 19th September, 2017 at 15:00 hrs.

(S.K. Agarwal) (Desh Deepak Verma) Member Chairman

Dated: 10.08.2017