Today, learned counsel Smt. Shashi Yogeshwar along with her associate Ms. Jyotsana Pant, have appeared on behalf of the appellants.

Vide order dated 30.05.2024, it was directed that the appeal shall proceed ex-parte against respondent.

Learned counsel for the appellants has submitted the latest status report (Paper No. 28), which is kept on record.

Learned counsel for the appellants has submitted that under the LPS Waiver Scheme, the respondent / complainant (consumer) has deposited the entire electricity arrears and now, he is regularly depositing the electricity bill, hence in the light of payment of electricity dues by the consumer under the LPS Waiver Scheme, the appeal has to be decided on merit at this stage itself.

Heard learned counsel for the appellants and perused the record.

Vide impugned judgment and order dated 05.07.2019 passed by the District Commission, Haridwar in consumer complaint No. 181 of 2017; Sh. Deshraj Singh Vs. Sub-Divisional Officer, Raisi (Rural), Electricity Electricity Distribution, Raisi, District Haridwar, the electricity department was directed to issue fresh electricity bill to the respondent / complainant after adjusting an amount of Rs. 15,598/-.  This apart, the electricity department was also directed to pay an amount of Rs. 2,000/- towards compensation and costs.

As per the latest status report, the respondent – consumer has deposited an amount of Rs. 69,650/- on 05.04.2021 against the bill amount of Rs. 1,04,506/- under LPS Waiver Scheme.

Thus, by deposition of amount of Rs. 69,650/- on 05.04.2021, the respondent has acknowledged that there were electricity dues pending against him.  The District Commission has directed for issuance of fresh electricity bill, which exercise has been gone into by the electricity department.

In the present set of facts & circumstances, when there were electricity dues against the respondent / complainant, which he has now discharged, there appears no reason of awarding an amount of Rs. 2,000/- towards compensation and costs by the District Commission against the electricity department and the said award needs to be set aside and the appeal is to be disposed of accordingly.

In view of above, appeal is disposed of.  Impugned judgment and order 05.07.2019 passed by the District Commission is modified and the direction to pay an amount of Rs. 2,000/- towards compensation and costs by the electricity department to the respondent stands set aside.

The amount deposited by the appellants with this Commission, be released in their favour.  

A copy of this Order be provided to all the parties free of cost as mandated by the Consumer Protection Act, 1986 / 2019.  The Order be uploaded forthwith on the website of the Commission for the perusal of the parties.  A copy of this Order be sent to the concerned District Commission for record and necessary information.   

File be consigned to record room along with a copy of this Order.