ORAL

State Consumer Disputes Redressal Commission

U.P. Lucknow.

Appeal No.1539 of 2017

Dakshinanchal Vidyut Vitran Nigam Ltd.,

Vidyut Nagriya Vitran Khand-Ist, Sukuwan,

Dhukuwan Colony, Civil Lines, Jhansi through

its Executive Engineer.                                      …Appellant.

Versus

Balkishan s/o Late Phullu, R/o 309, Mohalla

Talaiya, otwali, District Jhansi.                        …Respondent.

Present:-

1- Hon’ble Sri Sushil Kumar, Presiding Member.

2- Hon’ble Smt. Sudha Upadyay, Member.

Sri Deepak Mehrotra, Advocate for appellant.

None for the respondent.

Date  15.4.2024

JUDGMENT

Per Sri Sushil Kumar,  Member-   This appeal has been preferred against the judgment and order dated 16.5.2017 passed by the Ld. District Commission, Jhansi in complaint case no.166 of 2014, Balkishan vs. Dakshinanchal Vidyut Vitran Nigam Ltd. whereby the ld. District Commission by allowing the complaint directed to dismiss the demand notice dated 30.8.2014 and further directed to pay Rs.2,000.00 for mental agony and Rs.2,000.00 for expenses of the lis. 

          Ld. counsel for the appellant submitted that on inspection by a team of the department, it was found that the complainant/consumer was using the electricity through separate cable which was not the part of regular electric connection. He further submitted that inspection report was prepared which finds place as document no.20 of this appeal in which it is reported that the complainant was stealing the electricity at the time of inspection, therefore, electricity department prepared a revenue collection report and accordingly issued demand notice against the consumer/ complainant.

          On the above given facts, since the consumer/ complainant was engaged in illegal activities, therefore, demand notice is not liable to be rejected. The ld. District Consumer Commission passed an illegal order by rejecting the demand notice, which is liable to be set aside. The appeal deserves to be allowed. 

ORDER

          Appeal is allowed. The judgment and order dated 16.5.2017 passed by the Ld. District Commission, Jhansi in complaint case no.166 of 2014, is set aside.

If any amount is deposited by the appellant at the time of filing of this appeal under section 15 of the Consumer Protection Act, 1986, may be returned to the appellant as per rules alongwith accrued interest upto date.

The stenographer is requested to upload this order on the Website of this Commission today itself. 

          Certified copy of this judgment be provided to the parties as per rules.        

          (Sudha Upadhyay)                          (Sushil Kumar)                             

                Member                                  Presiding Member

Jafri, PA I

Court 3