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UTTARAKHAND STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Mr. D.K. Tyagi, H.J.S., Member and Mrs. Veena Sharma, Member
UTTARAKHAND POWER CORPON. LTD. - Appellant
Versus
RAM CHAWLA - Respondent
First Appeal No. 206 of 2010
Decided on : 11-04-2017

Advocates Appeared:
Sh. S.M. Jain, Learned Counsel, for the Appellant; None, for the Respondent

The main legal point established in the judgment is that the non-provision of a sealing report by the Electricity Department did not constitute deficiency in service, and the complainant's failure to come before the District Forum with clean hands influenced the court's decision.

Headnote:

Consumer Protection Act - Electricity Department - 1986 - [Section 15, Consumer Protection Act, 1986] - The court allowed the consumer complaint and directed the Electricity Department to provide sealing report of the meter to the complainant and provide correct electricity readings accordingly within one month from the date of order. The opposite party was also directed to pay Rs. 5,000/- as compensation to the complainant.

Fact of the Case:

The complainant, a consumer of the Electricity Department, faced issues with the installation of a new electronic meter and the non-provision of a sealing report. The Electricity Department sent wrong bills and threatened to disconnect the electricity connection.

Finding of the Court:

The court found that the District Forum erred in allowing the consumer complaint and set aside the impugned judgment and order, dismissing the consumer complaint No. 277 of 2007.

Issues: The issues revolved around the installation of the new electronic meter, non-provision of sealing report, incorrect billing, and the threat of disconnection of the electricity connection.

Ratio Decidendi: The court found that there was no deficiency in service on the part of the Electricity Department and that the complainant did not come before the District Forum with clean hands. The court also noted that there was no financial loss to the complainant due to the non-receipt of the sealing certificate.

Final Decision: The appeal was allowed, and the impugned judgment and order were set aside, dismissing the consumer complaint No. 277 of 2007. No order as to costs.

ORDER

D.K. Tyagi, Member—This appeal under section 15 of the Consumer Protection Act, 1986 has been preferred by the appellant-opposite party against the order dated 29.05.2010 passed by the District Forum, Haridwar in consumer complaint No. 277 of 2007, whereby the District Forum has allowed the consumer complaint and directed the opposite party-Electricity Department to provide sealing report of the meter to the complainant and provide correct electricity readings accordingly within one month from the date of order. The opposite party is also directed to pay Rs. 5,000/- as compensation to the complainant.

2. Briefly stated the facts of the case, as mentioned in, the consumer complaint are that the complainant is the consumer of the opposite party-Electricity Department and having an electricity connection No. 021656 with meter No. H06379. The complainant has already deposited Rs. 2,125/- on 14.11.2005 vide receipt No. 01 and upto 14.11.2005 meter reading was 003484 in meter No. H06379. On 17.01.2006, officials of the Electricity Department-opposite party came to the premises of the complainant, who removed the old meter and installed a new electricity meter. On this electronic meter words HE-26277/K136868 and on the upper side of meter words N-35175 are written. After installation of new meter, the officials of the Electricity Department had told the complainant that sealing certificate of this electronic meter shall be provided later on. On 17.01.2006, reading of the meter was 003584 and after deposit of electricity bill having meter reading 003484 on 14.11.2005, only 100units in the meter were outstanding. On 18.01.2006, the complainant came to know that at the time of installation of new electronic meter, sealing report is provided to the connection holder, for which the complainant moved an application on 18.01.2006 in the Electricity Department and requested for sealing report of new electronic meter. The Electricity Department did not provide sealing report of new electronic meter upto 23.05.2006, therefore, the complainant again moved an application dated 05.12.2006 to the Electricity Department, but all went in vain. The complainant time and again visited the place of opposite party personally and requested for sealing report, so that he can deposit the electricity charges, but no sealing report was provided to him by the opposite party. The opposite party sent an electricity bill of Rs. 4,485/- to the complainant in the month of September, 2007. Prior to this bill, the complainant did not receive any other bill. On this bill, old meter connection No. 021656 book No. 0336, Block No. 692, Block EDD Haridwar and meter No. H06379 was written, while the complainant has already paid Rs. 2,125/- on 14.11.2005 against meter reading 003484 of old meter. The opposite party has been harassing the complainant and sent wrong bills. The complainant did not receive the sealing report till day despite several correspondence with the Electricity Department. On 20.09.2007, Om Rathore, Arjun Singh and Sushil Kumar, officials of Electricity Department came to the complainant's house and told that they have to disconnect the electricity connection for non-depositing the bills. The complainant apprised the officials that neither he has received any electricity bill on the basis of new electronic meter, nor any sealing report has been provided to the complainant despite several requests, even then the officials became adamant to disconnect the electricity connection and have told that there is an order of SDO to disconnect this connection. On the request of complainant, officials provided him only three days' time and told that in case bill of electricity connection is not deposited by the complainant, then his connection will be disconnected. The complainant has neither got sealing report, nor any electricity bill on correct reading of new electronic meter. The complainant is always ready and willing to deposit electricity bills. The caus

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