Put up in National Lok Adalat.

Learned counsel Smt. Shashi Yogeshwar alongwith an associate Smt. Jyotsana Pant for the appellant has appeared, whereas Sh. Deepak Giri - respondent in person has also appeared.

Today an application has been moved on behalf of the appellant stating that the appellant had adjusted the bill of the respondent and in present the respondent electricity bill is pending. The Commission be pleased to decide the matter in the light of the adjustment and give direction to refund the statutory amount deposited by the appellant.

We have perused the impugned judgment whereby it was ordered to set aside bill amounting to Rs. 50,627/- and direction was given to the Electricity Department to issue amended bill of the electricity.  The District Commission has also awarded Rs. 5,000/- as costs of the case.

Having aggrieved by the impugned judgment dated 16.04.2019, the present appeal has been preferred by the appellant – Electricity Department.  Learned counsel for the appellant has stated that the amended bill has been deposited by the respondent and only current bill is pending. 

Whereas the respondent has stated that he has paid the amended electricity bill as well as the current bill.

We have perused the papers enclosed wherein the entry shown herewith (paper No. 36) has revealed that as per the District Commission’s order in case No. 277 of 2017, the electricity bill has been adjusted from Rs. 75,468/- to Rs. 24,720/-.  The said amount has been deposited by the respondent as per the contention of the appellant department. When the entire amount of the amended electricity bill as well as pending electricity bill has already been paid, there is no relevancy to continue the appeal, because the impugned judgment has partly complied with by the appellant – Electricity Department. Now the dispute is in regard to the award of the costs.

We are of the opinion that when the electricity bill has been paid by the respondent during the case and it was obligatory on the part of the respondent to pay the electricity charges month to month to the Electricity Department, but the act by not paying the electricity charges regularly is a fault on the part of the respondent, therefore, he is not entitled to get the cost of litigation. We are of the considered opinion that the impugned judgment in regard to the award of costs is not justified and it is liable to be set aside.  Accordingly, we are of the opinion that the impugned award is liable to be modified to such extent.

In the light of the above application (paper No. 32) the appeal is hereby partly allowed and the impugned judgment is modified to the extent that the respondent shall not be entitled to get Rs. 5,000/- as costs of litigation.  No order as to costs of the appeal.

Statutory amount, if any, deposited by the appellant be returned to the appellant as per rules.  

File be consigned to the record room alongwith copy of this order.

A copy of this order be sent to the District Commission concerned for perusal and necessary information.