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K.D.SHAHI, LUXMI SINGH
U. P. S. E. B. – Appellant
Versus
AYUB HUSSAIN – Respondent


Advocates:
Counsel for the Parties :
For the Appellant :Dr. R.K. Garg, Advocate.
For the Respondent:Mr. Afzal Ahmed, Advocate.

ORDER

Mr. Justice K.D. Shahi, President—This appeal has been filed by the Electricity Department against the order dated 9.12.1998 passed by the District Forum, Nainital whereby the complaint of the complainant was allowed.

2. The complainant had a connection of electricity. The appellant temporarily disconnected it in August, 1994. However, there was permanent disconnection in August, 1995. It is settled principle of law that even after temporary disconnection, the consumer has to pay the charges and the surcharge till the date of permanent disconnection. The permanent disconnection was in August, 1995. The appellant, therefore, can claim the bills up to August, 1995 and not thereafter. However, the appellant has been making claim even after August, 1995 and they have submitted the bills worth Rs. 12,978.50. When a complaint was made to the appellant, the appellant corrected the bill and issued a fresh bill for a sum of Rs. 5,601.92.

3. We have heard the learned Counsel for the appellant as well as the complainant and the learned Counsel for the complainant argued that this bill of Rs. 5,601.92ps. itself may be considered to be the real claim of the appellant but looking to this bill




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