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UTTARAKHAND STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Mr. B.S. Verma, President and Mr. D.K. Tyagi, H.J.S., Member
UTTARAKHAND POWER CORPORATION LIMITED - Appellant
Versus
SWAMI ATAM PRAKASH DISCIPLE SWAMI BALKRISHAN - Respondent
First Appeal No. 172 of 2014
Decided on : 20-06-2017
Sh. S.M. Jain, Learned Counsel, for the Appellant; Sh. V.K. Vashist, Learned Counsel, for the Respondent
The main legal point established in the judgment is the importance of complying with previous orders and the court's authority to set aside damages while maintaining the rest of the order.
Headnote:
Consumer Protection Act - Electricity Connection - Consumer Protection Act, 1986 - Section 15, Electricity Act, 2003 - Section 126 - AIR 1954 S.C. 340 (Vol. 41, C.N. 82), 1994 Calcutta 148, 2017 (1) CPR 813 (NC)
Fact of the Case:
The complainant's electricity meter was replaced by the electricity department, and subsequent billing issues led to a consumer complaint. The District Forum allowed the complaint, quashing the electricity bill and directing the electricity department to provide a 7-kilowatt connection, not disconnect the electricity, and pay damages of Rs. 2,00,000 to the complainant.
Finding of the Court:
The court found that the electricity department failed to comply with a previous order and cited legal principles to support the complainant's case. The court partially allowed the appeal, setting aside the damages awarded but maintaining the rest of the impugned order.
Issues: The issues revolved around the electricity billing, compliance with previous orders, and the legality of the damages awarded.
Ratio Decidendi: The court emphasized the importance of complying with previous orders and cited legal principles to support its decision. It found deficiency in service on the part of the electricity department and partially allowed the appeal.
Final Decision: The impugned order was modified to set aside the damages awarded but maintained the rest of the order. The statutory amount deposited by the appellants was to be released in their favor.
ORDER
B.S. Verma, President.—This appeal under Section 15 of the Consumer Protection Act, 1986 is directed against the order dated 24.07.2014 passed by the District Forum, Haridwar in consumer complaint No. 142 of 2014.
2. Briefly stated the facts giving rise to the appeal are that the complainant is having an electricity connection No. 041174, in respect of which electricity meter No. PM3768 has been installed by the electricity department. The said electricity meter went defective and in place of the defective electricity meter, new electricity meter No. HE64456/776125 was installed by the electricity department and sealing certificate was issued to the complainant. The said electricity meter got burnt in the month of March, 2014 and on account whereof, the same went defective. The complainant gave the intimation thereof to the electricity department, but no action was taken by the electricity department, nor the new electricity meter was installed in place of burnt electricity meter. The complainant did not receive the electricity bills in respect of the reading recorded in the old electricity meter prior to its burning and on visit to the electricity department, the complainant was told that he will be issued electricity bills according to the meter reading. The electricity department issued bill dated 10.03.2010 for Rs. 1,32,155/- against the complainant, in respect whereof the complainant filed a consumer complaint No. 171 of 2010 before the District Forum, Haridwar. The said consumer complaint was allowed by the District Forum per order dated 23.04.2011 and the bill dated 10.03.2010 issued by the electricity department was quashed and the electricity department was directed to receive the amount from the complainant according to the meter reading and it was further directed that no amount shall be recovered from the complainant on the basis of incorrect meter reading and his electricity connection should not be disconnected. The electricity department thereafter issued bill of 600 units for the period from 27.10.2012 to 26.12.2012 for sum of Rs. 2,11,251/- against the complainant. The said bill was raised by the electricity department on the basis of non-domestic electricity connection and in the said bill, the old meter reading was shown as "5357" units and the present reading was shown as "IDF". The complainant made several requests to the electricity department for correction of the said bill and also requested for enhancement of electricity load from 2 kilowatt to 7 kilowatt, but he was not heard. Thus, alleging deficiency in service on the part of the electricity department, the complainant filed a consumer complaint before the District Forum, Haridwar.
3. The electricity department filed written statement before the District Forum and pleaded that no electricity bill was deposited by the complainant since the year 2008; that the complainant himself admits that the electricity meter was replaced in his presence on 27.01.2009; that the complainant is habitual of tampering the electricity meter; that the new electricity meter was installed on 19.04.2014 to the satisfaction of the complainant; that as per the Regulations, the bill is to be raised according to the commercial rates; that till the electricity bill is paid by the complainant, his electricity load can not be enhanced; that checking was made in the year 2009 and the complainant was found making theft and unauthorise use of electrical energy and a case under Section 126 of the Electricity Act, 2003 was registered against the complainant; that recovery proceedings were initiated against the complainant; that the complainant does not want to deposit the electricity bill and that there is no deficiency in service on their part.
4. The District Forum after perusal of the evidence on record allowed the consumer complaint vide impugned order dated 24.07.2014 and quashed the electricity bill of Rs. 2,11,251/- issued by the electricity department against the responde
