Heard the learned counsel for the appellant.
2. This appeal is filed U/S-15 of erstwhile Consumer Protection Act,1986(herein-after called the Act). Parties to this appeal shall be referred to with reference to their respective status before the learned District Forum.
3. The case of the complainant, nutshell is that the complainant is a domestic consumer under the OP. It is alleged inter-alia that complainant was regularly paying the electricity dues but could not pay the electric dues due to his financial crisis. It is alleged that during visit of mobile squad complainant got electric bill of Rs.9000/- vide money receipt No.00492733, Book No.00046454 dtd.24.01.2004. and consumer No.02188328(Domestic). The complainant alleged that inspite of collection of arrear the OP demanding such arrear again, the complainant alleged for correct of bill but the OP did not respondent. Hence, the complaint.
4. The OP filed the written version stating that the complainant denied to pay Rs.9,000/- which is a erroneous bill supplied by the OP. According to OP the complainant being erred in law with certain situation has managed to show payment of such money but the money has not been paid. So, they have submitted to dismiss the complaint.
5. After hearing both the parties, learned District Forum passed the following order:-
Xxxxx xxxxxxxx xxxxxx
The complaint petition is allowed accordingly. The Opp. Party is directed not to take coercive steps for realization of arrear amount of Rs.9,000.00 (Rupees Nine thousand) only. The Opp. party is further to pay a sum of Rs.500.00 (Rupees Five hundred) only to the complainant towards the litigation charges which will be adjusted towards the bill of the complainant in respect of Consumer No.02188328 with proper intimation to the complainant.”
6. Learned counsel for the appellant submitted that learned District Forum has erred in law by not considering the written version filed by the OP with proper perspectives. It is also submitted that the complainant has not filed any money receipt in his favour. Although District Forum has not discuss to get the order of the OP to produce the money receipt. He submitted that they have produced the relevant money receipt which is in the name of Madan Behera but not in favour of the complainant. Therefore, he submitted that learned District Forum has not applied judicial mind to the fact and law involved in this case. So, he submitted to set-aside the impugned order by allowing the appeal.
7. Considered the submission of learned counsel for the appellant, perused the DFR and impugned order.
8. It is admitted fact that the complainant being consumer was in arrear of Rs.9000/- to pay OP. Now the only question arises whether the complainant has paid such amount and again the OP has demanded said amount as arrear. The complainant produced the bill dtd.24.01.2004 showing payment of Rs.9000/-. Also he showed the electric bill for other month one money receipt which is disclosed on payment of dues. The money receipt has not been filed by the complainant to justify the case. On the otherhand the OP has filed one money receipt no. 00492733 dtd. 24.01.2004 towards payment of the dues in favour of Madan Behera. The OP has filed the copy of the ledger but same is filed. Be that as it may, complainant has to prove the money receipt in his favour and the OP is to report same, we are of the view that the complainant has not proved the payment of money by such money receipt.
9. In view of above discussion, we are of the view that the learned District Forum has passed the impugned order and not applied judicial mind in the facts and law, hence the said order is liable to be set-aside and it is set-aside.
Appeal stands allowed. No cost
Free copy of the order be supplied to the respective parties or they may download same from the CONFONET or Website of this Commission to treat same as copy of order received from this Commission.
DFR be sent back forthwith.
