ORDER

Per: Justice B.S. Verma, President (Oral):

            This appeal under Section 15 of the Consumer Protection Act, 1986 has been preferred by the appellants against the order dated 04.07.2013 passed by the District Forum, Haridwar in consumer complaint No. 164 of 2012; Sh. Birbal Singh vs. Executive Engineer, UPCL, (Mayapur), Haridwar. By the impugned order, the District Forum has allowed the consumer complaint and directed the opposite party to pay a sum of Rs. 10,000/- to the complainant within a month from the date of order.  If the same is not possible, the opposite party shall adjust the said amount in the balanced amount of Rs. 20,416/- and to recover only Rs. 10,416/- from the complainant. 

2.       Briefly stated the facts of the case, giving rise to the appeal, are that according to the complainant, he has an electricity connection No. 0692/0528/069981.  The old electricity meter was replaced with a new one by the Electricity Department, which was very fast, therefore, he has moved an application in the month of September, 2010 before the Electricity Department to install a check meter.  Thereafter, a bill was amended on the basis of average meter reading.

3.       The consumer complaint was contested by the opposite party by filing written statement, wherein it was stated that in old electricity meter, which was replaced, a shunt was found. Objections were invited from the complainant-respondent.  Thereafter on the basis of average a fresh electricity bill was issued to the complainant for a sum of           Rs. 20,416/-. The amended bill was not paid by the complainant.

4.       Both the parties have filed the evidence as well as affidavit before the District Forum, Haridwar. 

5.       After hearing both the parties, the District Forum has directed the Electricity Department to pay a sum of Rs. 10,000/- as compensation to the complainant on the ground that the consumer was harassed and he was compelled to file the consumer complaint. But no reason has been shown that what was the fault of the Electricity Department, for which Electricity Department is liable to pay compensation. Aggrieved by the said order, the opposite party-Electricity Department has filed the present appeal.

5.       In view of the aforesaid discussion, we are of the view that the finding of the District Forum is perverse finding against the facts and material on record.  Therefore, impugned judgment and order passed by the District Forum, Haridwar is liable to be set aside and the appeal is liable to be allowed.

6.       For the reasons aforesaid, the appeal is allowed. Impugned judgment and order dated 04.07.2013 passed by the District Forum, Haridwar in consumer complaint No. 164 of 2012 is set aside. No order as to costs. The amount deposited by the appellants as statutory amount at the time of filing the appeal be released in appellants’ favour.