Learned counsel Smt. Shashi Yogeshwar for the appellant as well as learned counsel Sh. Vipin Kumar Gupta for respondent has appeared.

Today learned counsel for the respondent has submitted an application alleging that the respondent has deposited the amount to the tune of Rs. 4,88,590/- as full and final payment to the office of the electricity department on dated 29.05.2023 and now no outstanding amount is pending against the respondent. It is also alleged in the said application that now no dispute remains between the appellant and the respondent, therefore, the complaint filed in the District Commission has become infructuous and in the light of the above said facts the appeal be decided accordingly.

We have heard learned counsel for both the parties.

With the above said application, the final assessment letter dated 26.05.2023 of the appellant department alongwith payment receipt of Rs. 4,88,590/- of dated 29.05.2023 was also issued by the appellant submitted on behalf of the respondent. 

As per the above said payment receipt and as per the letter of appellant - UPCL in regard to check report, the total outstanding amount to the tune of Rs. 4,88,590/- has been fully paid by the respondent. 

So as per the contention of both the parties, it is true that no outstanding amount is due towards the respondent.

We have also perused the impugned judgment, wherein the complaint was allowed by the District Commission, setting aside the bill dated 31.08.2021 and it was ordered to the opposite party to pay Rs. 5,000/- as compensation within one month from the date of order alongwith advocate fees and litigation charges of Rs. 5,000/-. Because the amount of outstanding electricity bill has already been deposited by the respondent.

As per the version of the appellant, no outstanding amount is due towards the respondent. Because as per the version of the appellant, the total amount as per the amended final assessment letter dated 26.05.2023 has already been deposited and as per the notinge in the side of the today’s order sheet, the department shall not initate any proceedings in regard to the electricity theft against the respondent.

Because the full amount has been paid by the respondent, hence the impugned judgment seems to be inappropriate and unjustified, hence it is liable to be set aside.

Thus, we are of the view that the appeal is accordingly disposed of and the impugned judgment is passed by the District Commission is hereby set aside.  No order as to costs of the appeal. It is hereby ordered that the statutory amount deposited by the appellant be refunded to the appellant.