ORDER

Date of order:    31-07-2017

Upendra Jha, Member       

1.                          This appeal is directed against the order dated 19-01-2016 passed by District Consumer Forum; Buxar in Complaint Case No. 82 of 2014 by which the appellants are directed to reduce the power load from 2 K.W, to one K.W. to correct the bill without DPS and to restore the electric connection and to pay Rs.5000/- as compensation within 45 days failing which 8% interest is payable.

2.                                 Brief facts of this case is that the respondent had 2 Kilo watt electric consumption for running Compute Institute. On 11-02-2013 in January 2014 a bill of Rs. 7,253/- was received for which he approached the appellant to correct the bill. As the Computer Institute had been closed, hence he also applied to reduce load from 2 kilo Watt to one Kilo Watt. But, it was not done. A complaint was filed before the District Forum.The O.ps.-appellants contested the case. The District Forum passed the impugned order against which this appeal is preferred.

3.                          Respective written notes of arguments have been filed. Heard and perused the District Forum order

4.                          The counsel for the appellants submit that the complainant is not a ‘Consumer’ as he was running a Computer Institute for Business purposes. For reducing the load, neither the previous dues was cleared nor the required charge was deposited. There is no deficiency in its part. This point was not considered by the District Forum. Hence, the order is fit to be set aside.

5.                          The counsel for the respondent submits that the appellants have committed wrong and a wrong bill was issued to the complainant. In this connection no D.P.S. should be charged. District Forum order is proper and justified. It needs no interference. The appeal be dismissed.

6.                                   Having considered the grounds of appeal, submissions of the parties and on perusal of the order passed by the District Forum, it appears that the District Forum has not considered the matter in right perspective. The wrong Bill was to be rectified after proper verification but it cannot be rectified without DPS. As some required charge was not deposited by the complainant for reducing the load from 2 Kilo watt to one kilo watt, hence, it was not reduced. There seems no deficiency on the part of the O.ps.-appellants. Hence, direction to pay Rs.5000/- is not proper. Hence, the District Forum order is set aside and the appeal is allowed. The respondent may represent before the appellants regarding his grievances within one month from the receipt of this order and the appellants shall take decision properly within further one month.

7.                          The appeal is allowed.

S.K.Sinha                                                                        Upendra Jha

President                                                                               Member (M)

Anita