Heard learned counsel for the Appellant. None appears for the respondent.
2. This appeal is filed U/S-15 of erstwhile Consumer Protection Act,1986(herein-after called the Act). Hereinafter, the parties to this appeal shall be referred to with reference to their respective status before the learned District Forum.
3. The case of the complainant in nutshell is that the complainant ‘s father was the consumer under the OP. It is alleged that the meter was installed in the premises of the complainant since February,2002 but till November,2005 the consumption was 1611 units. But at the same time a huge arrear bill showing Rs.23,000/- against the complainant was issued. So, he informed the OP and came to know that due to arrear against his father who is no more , there is arrear pending against him. Since, the arrear amount was not paid, the power supply was disconnected. So, he filed the complaint case.
4. The OP filed the written version stating that being the consumer who is father of complainant has used the energy and there is arrear of Rs.3081.20 till August,1990 and Rs.6602.40 upto March,1995 and arrear for Rs.20,655.70 till November,2001 was pending. Since, his father did not pay the arrear dues, they have disconnected the power supply in the year January,1991. It is further averred that there is arrear of Rs.18,141.50 till November,2001 was pending against the complainant. After receiving the complaint from the complainant they have informed the complainant to pay arrear in father’s consumer no. otherwise no electric line will be given. So, the action of the OP is a serious one. There is no deficiency in service on the part of the OP.
.5. After hearing both the parties, learned District Forum passed the following order:-
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“ The complaint petition is allowed on contest without cost. Both the OPs are liable for deficiency of service for keeping pending of the representation and by issuing heavy energy bill on load factor basis. So, the OPs are directed to pay compensation of Rs.10,000/- to the complainant and fresh electric bill is to be served on the complainant who is liable to pay such arrear in order to get the electric line thereafter. The parties are bear the cost of litigation through out.”
6. Learned counsel for the appellant submitted in appeal memo that learned District Forum has committed error in law by not considering the written version with proper perspectives. According to the appellant the son is liable to pay pending bill against the father for reconnection of the same line as father enjoyed the power supply but did not pay bill. Learned District Forum ought to have considered all the facts and law involved in this case.
7. Learned counsel for the appellant submitted that in the meantime the OP has collected the money from the complainant and there is reconnection of the power supply.
8. Considered the submission of learned counsel for the appellant, perused the DFR and impugned order.
9. When the prayer is made for wrong disconnection of power supply and there is reconnection in the year 2002 there is nothing to decide.
10. In view of aforesaid discussion, we found that the appellant is not inclined to proceed with the case and resultantly the appeal is disposed of being infractuous.
The appeal is disposed of accordingly. No cost.
Free copy of the order be supplied to the respective parties or they may download same from the confonet or webtsite of this Commission to treat same as copy of order received from this Commission.
DFR be sent back forthwith.