ORAL
STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
UTTAR PRADESH, LUCKNOW
REVISION NO. R/49/2020
(Against the order dated 26-10-2020 in Complaint Case No.
695/2020 of the District Consumer Forum-I, Lucknow )
- Madhyanchal Vidyut Vitran Nigam Limited
Kashiram Colony, Laulai, Chinhat, Lucknow.
Through its Executive Engineer/Competent Authority
- Madhyanchal Vidyut Vitran Khand/Nigam
Shakti Bhawan, Lucknow
Through its Chairman.
...Revisionists
Vs.
Chandni Pandey
W/o Sri Sandeep Kumar Pandey
R/o Laulai Chinhat, Lucknow.
...Opposite party
BEFORE:
HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT
HON’BLE MR. VIKAS SAXENA, MEMBER
For the Revisionist : Sri Isar Husain, Advocate.
For the Opposite Party : Sri Ishtekhar Hasan, Advocate.
Dated : 04-12-2020
JUDGMENT
MR. JUSTICE A. H. KHAN, PRESIDENT
Learned Counsel Sri Isar Husian appeared for revisionists.
Learned Counsel Sri Ishtekhar Hasan appeared for opposite party.
We have heard learned Counsel for the parties and perused impugned order dated 26-10-2020 passed by District Consumer Commission-I, Lucknow in Complaint Case No. 695 of 2020 Chandni Pandey V/s Madhyanchal Vidyut Vitran Nigam Limited and another whereby the District Consumer Commission has passed interim order in Hindi which is extracted below.
‘’विपक्षीगण को निर्देश दिया जाता है कि वह आदेश पारित होने के 15 दिन के अंदर परिवादिनी के भवन से 40 मीटर छोड़कर उतनी दूरी तक विद्युत
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पोल और लाइन उपलब्ध कराये और परिवादिनी को उनके भवन में परिवादिनी द्वारा पोल लगवाने के सात दिन के अंदर विद्युत कनेक्शन दें। वाद दिनांक 28-01-2021 को परिवाद साक्ष्य हेतु पेश हो।‘’
It is contended by learned Counsel for the revisionists that the impugned order passed by District Consumer Commission is against law and pleading of complaint.
It is further contended by learned Counsel for the revisionists that the respondent/complainant deposited fees on 01-08-2020 for domestic connection of 2 kw for which estimate of Rs.2,74,493/- has been prepared but the complainant did not deposit estimated amount for the connection and filed complaint with false averment.
Learned Counsel for the opposite party who is complainant in complaint opposed revision petition and submitted that the impugned order passed by District Consumer Commission is in terms of letter dated 27-08-2019 issued by U. P. Power Corporation Limited.
We have considered the submissions made by learned Counsel for the parties.
In complaint it has been averred by complainant who is opposite party in this revision petition that estimate of Rs.2,74,493/- has been prepared by opposite party for giving connection to her.
In complaint it has been further averred by complainant that the estimate prepared by revisionists who are opposite parties in complaint is astonishing and high.
Indisputably the complainant has not deposited any amount against estimate prepared by revisionists who are opposite parties in complaint. During course of hearing learned Counsel for the complainant who is opposite party in this revision petition showed us letter dated 27-08-2019 issued by U P Power Corporation Limited wherein it has been provided that if two consumers of connection have made full payment of connection charges, expenses of preparation of LT line 40 mtrs. shall be born by Power Corporation.
After having considered the submissions made by learned Counsel for the parties and averments made in complaint we are of the view that the impugned order passed by District Consumer Commission should be set aside with liberty to the opposite party in revision petition who is complainant to move representation before revisionists who are opposite parties in complaint to
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provide revised estimate as provided in letter dated 27-08-2019 issued by U P Power Corporation Limited. If such representation is made before revisionists by opposite party who is complainant in complaint, the revisionists shall furnish estimate to the opposite party in revision petition (complainant) keeping in view the above letter dated 27-08-2019 issued by U P Power Corporation Limited.
Revision petition is allowed as above.
Let copy of this order be made available to the parties positively within 15 days as per rules.
( JUSTICE A H KHAN )
PRESIDENT
( VIKAS SAXENA )
MEMBER
Pnt.
