Case No. 212/2023   

IN THE MATTER OF

           Sheela Devi W/O Late Govardhan Singh R/O Nagla Qila Majra,

           Ramgarh Panjipur Koil Aligarh

                                                         V/s

1. Executive Engineer Electricity Urban Distribution Division – IV, Aligarh  (UP)
2. Rajveer Singh S/O Late Govardhan Singh R/o Nagla Qila Majra, Ramgarh Panjipur Koil Aligarh (UP)

CORAM

 Present:                                   

1. Shri Hasnain Qureshi, President
2. Shri Alok Upadhayay, Member
3. Smt. Purnima Singh Rajpoot,Member

PRONOUNCED by Shri Hasnain Qureshi, President

JUDGMENT

1. The present complaint has been filed by the complainant before this commission for

1. Op no. 1 be directed to disconnect the electricity connection granted to OP no-2  

2. The Complainant has stated that the complainant is the widow of late Goverdhan Singh and was blessed with four sons including OP no-2. Complainant has a residential house where the electricity connection was sanctioned in the name of her son OP no 1 where all the family members including OP no 2 have been living and are enjoying the facility of electricity. OP no – 2 has also been granted electricity connection at the residential house where as there is already in existence an electricity connection OP no 2 uses the electricity connection for lifting water through submersible pump and water resource in commercial way. In view of clause 4.4 (f) of the Court op no 1 was obliged to sanction connection on furnishing wrong information and OP no 1 is bound to disconnect the electricity connection.
3. Op no 2 stated in WS the connection was obtained by him at his own land/house and the water of submersible is not sold. The complainant is not consumer. 
4. Complainant has filed his affidavit and papers in support of his pleadings. Ops have also filed affidavit and papers in support of his pleadings.
5. We have perused the material available on record and heard the parties counsel.
6. The first question of consideration before us is whether the complainant is entitled to any relief?
7. Admittedly, Complainant and Op no. 2 are the heirs of late Goverdhan Singh and are in occupation of the house with her mother. There is an electricity connection in the name of Complainant and OP no 2 who is the brother of Complainant is also entitled for obtaining the electricity connection separately for his exclusive use. Op no 2 has denied the use of electricity connection for lifting the water by submersible pump for sale. If there is any change in category of electricity connection as per its utility, it is for electricity department for taking action as per law and it cannot be a ground for disconnection of electricity connection. Accordingly complaint is liable to be dismissed.
8. The question formulated above is decided against the complainant.
9. We hereby dismiss the complaint.
10. A copy of this judgment be provided to all the parties as per rule as mandated by Consumer Protection Act, 2019. The judgment be uploaded forthwith on the website of the commission for the perusal of the parties.
11. File be consigned to record room along with a copy of this judgment.