ORDER

Per: Justice B.S. Verma, President (Oral):

            This appeal under Section 15 of the Consumer Protection Act, 1986 has been preferred by the appellants against the order dated 23.09.2013 passed by the District Forum, Haridwar in consumer complaint No. 56 of 2012; Sh. Ishwar Pal vs. Executive Engineer, UPCL, (Rural), Haridwar.  By the impugned order, the District Forum has allowed the consumer complaint and directed the opposite party to adjust the amount of Rs. 5,186/- from the bill amount Rs. 12,928/- and to recover only Rs. 5,742/- after adjusting Rs. 2,000/- towards compensation from the complainant.

2.       Briefly stated the facts of the case, giving rise to the appeal, are that according to the complainant, he is a consumer of the Electricity Department and he got an electricity connection No. 101200, electricity meter No. 056737 in the month of May, 2008 in his residence and he received a bill of Rs. 12,082/- in the month of June, 2011.  The main grievance of the complainant is that he has already paid Rs. 5,186/- on 31.12.2010, which was not adjusted by the Electricity Department in the electricity bills.

3.       The consumer complaint was contested by the opposite party by filing written statement, wherein it has been specifically predict that an amount of Rs. 5,186/- has been adjusted in the month of January, 2011.   

4.       The complainant has filed a receipt of the said amount              Rs. 5,186/- and other documents in evidence as well as Electricity Department has filed affidavit in evidence before the District Forum, Haridwar. 

5.       After hearing both the parties, the District Forum has held that it is not clear when was the amount of Rs. 5,186/- was adjusted by the Electricity Department, therefore, the consumer complaint is allowed. Aggrieved by the said order, the opposite party-Electricity Department has filed the present appeal.

6.       Learned counsel for the appellants has drew attention of this Commission to paper No. 18 filed alongwith the appeal and  consumer history for the period from 17.09.2008 to 23.03.2013 (paper No. 11/5 on the District Forum’s record).

7.       By perusal of the bill/documents, it is clear that the receipt of adjustment of Rs. 5,186/- has been given to the complainant-respondent. The District Forum has committed manifest error of law in considering the documents and allowed the consumer complaint.  Thus, the impugned judgment and order on this issue is against the facts of the case. Therefore, in these circumstances, the judgment and order passed by the District Forum is liable to be set aside and the appeal is fit to be allowed.

8        For the reasons aforesaid, the appeal is allowed. Impugned judgment and order dated 23.09.2013 passed by the District Forum, Haridwar in consumer complaint No. 56 of 2012 is set aside. No order as to costs. The amount deposited by the appellants as statutory amount at the time of filing the appeal be released in appellants’ favour.