ORAL

 STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                              UTTAR PRADESH, LUCKNOW

                                 APPEAL NO. 946 OF 2023

      (Against the order dated 03-04-2023 in Complaint Case No.146/2016 of the District Consumer Commission, Aligarh)

            Executive Engineer

  Prescribed Authority

  U. P. Sahkari Electricity Urban-

  Distribution Division IDVVNL

  Udai Singh Jain Road

  33/11 KV Substation

  Sasni Gate, Aligarh.

                                                                                    ...Appellant

                                                     Vs.

  Rupam Singh,  S/o Late Sri Bhola Singh

  R/o 17/148, Sarai Garhi,  Aligarh

  Through Advocate

  Devendra Kumar Varshney

                                                                                     ...Respondent

BEFORE:

HON'BLE MR. JUSTICE ASHOK KUMAR, PRESIDENT

For the Appellant        :  Sri Isar Husain, Advocate.

For the Respondent     : 

Dated : 14-06-2023

                                            JUDGMENT

           MR. JUSTICE ASHOK KUMAR, PRESIDENT

Instant appeal has been filed by the appellant under Section-41 of the Consumer Protection Act, 2019 against the judgment and order dated 03-04-2023 passed by the District Consumer Commission, Aligarh in complaint Case No. 146/2016.

Briefly the facts of the case are that the complainant has stated that the electricity connection no. 5436/48977 was granted in the name of her wife Smt. Mahesh Kumari. The electricity bill for Rs.349/- was paid on 29-09-2011 vide receipt No. AL3261997. On 09-10-2011 the electricity supply was suddenly stopped. The complainant has made the complaint on 11-10-2011 and the employees of the electricity department has visited the house and

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asked to the change the cable and meter. They removed the cable from the pole and meter from the board. They demanded Rs.2,000/- as expenses which was refused by the complainant’s wife. The complainant’s wife died on 04-12-2011 and connection was permanently disconnected. On 20-06-2016 notice dated 15-06-2016 was received wherein the amount of Rs.20,485/- was demanded showing permanent disconnection. The notice is illegal and the amount is not recoverable.

The opposite party has filed the written statement in which it was stated that electricity connection was granted to the wife of the complainant which was disconnected on 20-11-2014 in default of payment of dues. The meter was removed on 23-03-2015 which found defective. The electricity bills were issued as per clause 6.1(b) of U.P. Electricity Supply Code, 2005. The readings were not recorded byd the meter after 30-09-2011 and the bills were released by the computer in the category of meter reading not recorded. The provisional bill for Rs.44,017/- was released upto period 30-04-2015 and the recovery of Rs.20,460/- was issued after effecting permanent disconnection.

The complainant has filed his affidavit and papers before the learned District Consumer Commission in support of his pleadings.

The opposite party has also filed his affidavit and papers in support of his pleadings. 

                The learned District Consumer Commission after considering the pleadings and evidence of the respective parties decided the complaint in favour of the complainant and cancelled the notice demanding Rs.20,485/- and directed the opposite party to pay litigation expenses Rs.5,000/-. Further it has been directed that the opposite party shall comply with the direction within a month failing which the opposite party shall be prosecuted for non-compliance in accordance with Section 72 of the Act for awarding punishment against him.

Sri Isar Husain, learned Counsel for the appellant appeared.

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I have heard learned Counsel for the appellant and perused the impugned judgment and order as well as record.

                Having heard the learned Counsel for the appellant and after perusal of the impugned order, I am of the opinion that the order passed by District Consumer Commission is fully justified and no interference is required in it except that Rs.5,000/- cost awarded by the District Consumer Commission is reduced to Rs.2,500/-. To that extent the order of the learned District Consumer Commission is modified.

                                                     ORDER

                Accordingly the appeal is partly allowed. Rs.5,000/- cost awarded by the District Consumer Commission is reduced to Rs.2,500/-. Rest part of the order passed by the District Consumer Commission will remain unchanged.   

Rs.2,500/- deposited by the appellant under Section-15 of the Consumer Protection Act 1986 in this appeal shall be remitted to the District Consumer Commission alongwith interest accrued if any, who shall pass appropriate order in accordance with law.

Let copy of this order be made available to the parties as per rules.

The Stenographer is requested to upload this order on the website of this Commission today itself.

                 ( JUSTICE ASHOK KUMAR )

                               PRESIDENT

Pnt.