The court upheld the interim order to prevent disconnection of electricity until the pending appeal was decided, emphasizing the importance of continuing to pay regular electricity charges.

ORDER

1. The matter comes up for consideration of the application under Article 226(3) of the Constitution of India for vacating interim order dated 06.03.2019, which reads thus:-

"Counsel submits that the petitioner has never been defaulter but on account of an audit report, the respondents have now issued an inflicted electric bill for a sum of Rs.1,01,662/-. Counsel further submits that the electric connection is for domestic purpose to the petitioner and her husband is a retired person and it is not possible to deposit the entire amount which has been further increased by the respondents in the subsequent bills. The petitioner has approached the State Consumer Forum in appeal, however, the same is not regularly sitting.

Issue notice of writ petition as well as stay application, returnable within a period of four weeks.

In the meanwhile, the petitioner's electricity connection for her house shall not be disconnected if the petitioner deposits, apart from regular bills for the current usage, a sum of Rs.25,000/- within period of one month henceforth."

2. Mr. Paliwal, learned counsel for the petitioner fairly submits that the State Consumer Redressal Forum has commenced sittings and the petitioner's appeal (Appeal No.A/30/2019) is still pending before the State Consumer Redressal Forum.

3. Learned counsel submits that in the changed circumstances the State Consumer Redressal Forum be directed to decide petitioner's appeal expeditiously and till then the interim order passed by this Court be ordered to be continued.

4. Learned counsel for the respondents, on the other hand, opposes such prayer and submits that there is no substance in the petition and it be decided on its merit.

5. Having regard to the facts and circumstances of this case, and considering that the petitioner's appeal is still pending before the State Consumer Redressal Forum and that the interim order 06.03.2019, passed by this Court has been operating for more than three years, the interim order dated 06.03.2019 is made absolute. In other words till disposal of the appeal (Appeal No.A/30/2019) which was filed before the State Consumer Redressal Forum against the order dated 31.01.2019, passed by the District Consumer Redressal Forum, Sirohi, petitioner's electricity supply will not be discontinued if he continues to pay regular electricity charges other than those which are subject matter of dispute in pending appeal.

6. The State Consumer Redressal Forum is requested to decide the above referred appeal within a period of six months from today.

7. It will be required of the petitioner to place a certified copy of the order instant before the State Consumer Redressal Forum within a period of 15 days from today, failing which, the respondents shall be free to recover the remaining amount in accordance with law.

8. The writ petition so also stay petition stand disposed of accordingly.