Uttarakhand

StateCommission

RP/12/13

Uttarakhand Power Corporation Ltd. - Complainant(s)

Versus

Smt. Kaushlya Devi - Opp.Party(s)

Mr. S.M. Jain

15 Oct 2014

ORDER

State Consumer Disputes Redressal Commission Uttarakhand
176 Ajabpur Kalan
Mothrowala Road Near Spring Hills School Dehradun
Final Order
 
Revision Petition No. RP/12/13
(Arisen out of Order Dated 22/08/2012 in Case No. 228/2012 of District Hardwar)
 
1. Uttarakhand Power Corporation Ltd.
through its Ex.Engg.EDD(Urban)Haridwar.
Haridwar
Uttarakhand
...........Appellant(s)
Versus
1. Smt. Kaushlya Devi
w/o Bansi Lal Jwalapur Road,Kankhal, Haridwar
Haridwar
Uttarakhand
...........Respondent(s)
 
BEFORE: 
 HON'ABLE MR. JUSTICE B.C. Kandpal PRESIDENT
 HON'BLE MR. D. K. Tyagi, H.J.S. MEMBER
 HON'BLE MRS. Veena Sharma MEMBER
 
For the Petitioner:
For the Respondent:
ORDER

15.10.14: Heard learned counsel for the parties and perused the record.

The operation of the impugned judgment and order dated 22.08.2012 was stayed considering the facts that the assessment was in regard of Rs. 1,68,826/-, but the District Forum directed the complainant to deposit a sum of Rs. 40,000/- and further directed that the electricity connection shall not be disconnected.

We are of the considered opinion that this part of the order passed by the District Forum is absolutely without jurisdiction.  However, we quash the stay order dated 22.08.2012 passed by the District Forum and direct the complainant to deposit the entire sum assessed by the electricity department.  The complainant, else, shall file the objections before the competent authority within a period of 30 days.  However, the electricity department shall take objection with regard of the maintainability of the consumer complaint before the District Forum by filing the written statement and the District Forum, thereafter, shall decide the same on merit and the electricity department may come to this Commission after the final disposal.

With these observations, the revision petition stands disposed of.

 

 
 
[HON'ABLE MR. JUSTICE B.C. Kandpal]
PRESIDENT
 
[HON'BLE MR. D. K. Tyagi, H.J.S.]
MEMBER
 
[HON'BLE MRS. Veena Sharma]
MEMBER

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