Order

Sh. S.M. Jain, learned counsel for the appellant and      Sh. Ashok Dimri, A.D.G.C. (Civil), learned counsel for the respondent Nos. 2 to 4.  None is present on behalf of the respondent No. 1.

An application has been moved by respondent No. 2 to file the bank certificate and statement issued by the Punjab National Bank in respect of disputed amount, which has not been opposed by the appellant. 

We are of the view that the bank certificate and statement is necessary to accept in the appeal for the disposal of the appeal.  The same be placed on record.

This appeal is directed against the impugned judgment and order dated 07.08.2013 passed by the District Forum, Haridwar in the consumer complaint No. 203 of 2012; Saurabh Agarwal vs. UPCL, Haridwar and others, whereby the District Forum has directed the appellant-opposite party No. 1 to adjust the amount of Rs. 7,807/- in the bill of the complainant.

Briefly stated the facts of the case, giving rise to the appeal, are that an electricity connection was obtained by the grand-mother of the complainant in her life time and she has died in the year 1993.  According to the complainant electricity bill was deposited with the Franchise of Post Office-opposite party No. 3 on 14.09.2011. Therefore, in the consumer complaint the complainant requested that the electricity department be directed to adjust the same amount in the bill.

The complainant has filed receipt of the said amount and his affidavit in evidence before the District Forum.

The consumer complaint was contested by the opposite parties by filing written statement.

After hearing both the parties, the District Forum has directed the opposite party No. 1-Electricity Department to adjust the amount of Rs. 7,807/- in the electricity bill.

During pendency of this appeal, an application has been moved on behalf of the opposite party-Post Office to file the statement of account of Punjab National Bank B/o Mayapur, Haridwar wherein it is mentioned that an amount of Rs. 7,907/- was deposited with the UPCL-appellant.

On the basis of this certificate, we are of the view that this amount should be adjusted in the bills of Smt. Kiran Devi-deceased/consumer. The appellant would be at liberty to verify the amount aforesaid deposited by the bank in their account.

In view of the above facts and circumstances, we are of the view that the District Forum has wrongly imposed damages on the appellant to pay Rs. 2,500/- to the respondent No. 1-complainant. Since the amount was deposited by the bank, as indicated in the certificate, therefore, part of the order impugned is liable to be set aside and the appeal is liable to be partly allowed. Accordingly, the appeal is partly allowed and the part of the order impunged in respect of damages is set aside.

It is made clear that if the complainant applied for transfer of the connection in accordance with regulations of the Electricity in his name, the appellant-Electricity Department passed an appropriate order on the application. The statutory amount deposited by the appellant at the time of filing the appeal be released in appellant’s favour.  No order as to costs.