Put up in National Lok Adalat.

Learned counsel Smt. Shashi Yogeshwar alongwith an associate Smt. Jyotsana Pant for the appellants has appeared.

Learned counsel for the appellants has submitted an application and stated that the respondent has deposited the assessment amount to the tune of Rs. 1,96,200/- on dated 28.01.2023 and the Commission be pleased to decide the appeal in the light of the amount deposited by the respondent and give direction to refund the statutory amount to the appellants.

The above-said application is kept on record.

As per the version made in the application it is apparent that the assessment amount has already been paid by the respondent – complainant on dated 28.01.2023. No outstanding amount is due towards the respondent. Hence, there is no relevancy to continue the appeal.

With the application (paper No. 50) another letter (paper No. 51) is also enclosed wherein the respondent – consumer / proprietor Smt. Rekha w/o Sh. Piyush R/o Piraan Kaliyar, Roorkee, District Haridwar has given the consent to the Electricity Department not to initiate any proceedings in any Court or Commission against the Electricity Department in this matter.

We have perused the impugned judgment whereby the District Commission has ordered the opposite party not to recover the electricity charges and the opposite parties were also directed to pay Rs. 5,000/- as costs of the appeal alongwith another Rs. 5,000/- as fees of advocate.

During the appeal, if the respondent submitted the electricity charges, then it is meant that the electricity charges were outstanding towards the respondent in regard to the allotted electricity connection and if the respondent - consumer does not pay the electricity charges, then in such eventuality the Electricity Department may initiate any proceedings for recovery of the outstanding electricity charges.

In such circumstances, by issuing the bill of outstanding amount, the Electricity Department has not committed any deficiency in service.

So in our view the order of award of Rs. 5,000/- as litigation charges and Rs. 5,000/- as advocate fee should not be ordered to pay by the Electricity Department and the impugned order not to recover the assessment amount is also unjustified. 

We are of the opinion that the impugned judgment is liable to be set aside.

In the light of the above application, the appeal is allowed in toto and the impugned judgment is hereby set aside.  No order as to costs of the appeal.

It is also directed that as per undertaking given by the respondent to the Electricity Department (paper No. 51) the respondent shall not initiate or institute any proceedings against the Electricity Department in this matter.

Statutory amount, if any, deposited by the appellants be returned to the appellants 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.