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2021 Supreme(SC) 589

HEMANT GUPTA, V.RAMASUBRAMANIAN
Prem Cottex – Appellant
Versus
Uttar Haryana Bijli Vitran Nigam Ltd. – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Harish Pandey, AOR
For the Respondent(s): Mr. Arun Bhardwaj, Sr. Adv., Addl. AG Mr. Rahul Kumar Sharma, Adv. Ms. Gauraan, Bhardwaj, Adv. Mr. Abhishek Sharma, Adv. Mr. Vishwa Pal Singh, AOR Mr. Brijender Singh Dhull, Adv. Mr. Ashish Pandey, Adv. Mrs. Pooja Jha, Adv.

JUDGMENT :

V. Ramasubramanian, J.

1. Challenging an Order of the National Consumer Disputes Redressal Commission (for short “National Commission”), dismissing their consumer complaint on the ground that there was no deficiency in service on the part of the licensee (electricity distribution company), the consumer of electricity has come up with the above statutory appeal.

2. We have heard Sh. K.C. Mittal, learned counsel for the appellant and Mr. Arun Bhardwaj, learned Additional Advocate General for the State of Haryana, appearing for the respondents.

3. The appellant is carrying on the business of manufacturing cotton yarn in Panipat, Haryana. The appellant is having a L.S. connection, which got extended from 404.517 KW to 765 KW with C.D 449 KVA to 850 KVA, on 3.08.2006.

4. After 3 years of the grant of extension, the appellant was served with a memo dated 11.09.2009 by the third respondent herein, under the caption “short assessment notice”, claiming that though the multiply factor (MF) is 10, it was wrongly recorded in the bills for the period from 3.08.2006 to 8/09 as 5 and that as a consequence there was short billing to the tune of Rs.1,35,06,585/-. The notice called upon the ap

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