(Per: Justice B.C. Kandpal, President):

Dr. Nitesh Malik, S/o Sh. Jitendra Kumar, R/o 56, Rajdhani Enclave,

G.M.S. Road, Near Balliwala Chowk, Dehradun, who has filed a consumer

complaint No. 306 of 2013 before the District Forum, Dehradun, has moved an application dated 23.08.2013 under Section 27 of the Consumer Protection Act, 1986, stating therein that the following persons have disobeyed the order dated 13.08.2013 passed by this Commission in Revision Petition No. 10 of 2013 and hence action be taken against them under Section 27 of the Consumer Protection Act, 1986.

1- Uttarakhand Power Corporation Ltd., Urja Bhawan, Kanwali Road, Dehradun

2- Sh. Ravi Kumar Rajora, Executive Engineer Electricity Distribution Division (South), Uttarakhand Power Corporation Ltd., 18 E.C. Road, Dehradun

3- Sh. Sunil Pokhriyal, S.D.O., Electricity Distribution Division (South), Uttarakhand Power Corporation Ltd., Vasant Vihar, Dehradun

4- Sh. Upendra, Junior Engineer, Electricity Distribution Division (South), Uttarakhand Power Corporation Ltd. , Vasant Vihar, Dehradun

5- Lineman, Electricity Distribution Division (South), Uttarakhand Power Corporation Ltd., Vasant Vihar, Dehradun

2. The said application was registered as Miscellaneous Application No. 13 of 2013 and notices were issued to the persons impleaded in this case. In reply to the notices, joint objections were filed by the aforesaid persons, which is at Paper Nos. 21 to 24.

3. The background of this case is that the applicant Dr. Nitesh Malik has taken an electricity connection No. 6135/126835 from the Uttarakhand Power Corporation Ltd. (for short “UPCL”) for a sanctioned load of 3 KW. The electricity connection was inspected by the officials of the UPCL on 04.07.2012 and on the basis of this inspection, a provisional assessment for Rs. 1,28,194/- was made by the Executive Engineer & Assessing Officer – opposite party No. 2 (Paper No. 38). After adjusting the payments made by the applicant in earlier bills, a final assessment for Rs. 1,03,186/- was made vide order dated 21.07.2012 (Paper No. 40). The applicant remitted an amount of Rs. 10,000/- through a demand draft, but the Executive Engineer – opposite party No. 2 did not accept it and returned it to the applicant (Paper No. 42). The applicant, vide several letters sent to UPCL submitted that he is not making any unauthorized use of electricity; that he has already applied to the UPCL for increasing the electricity load and that the use of electricity by doctors in their clinics comes under the category of “domestic use” and not under the category of “commercial use”. But the Electricity Department, without rejecting these representations by assigning some cogent and logical reasons, issued a bill for the period from 03.04.2013 to 22.06.2013 by changing the applicant’s category to “commercial use” and an arrear of Rs. 1,15,608/- was shown against him in the bill. When the officials of the UPCL neither listened to the applicant nor corrected the bills, the applicant filed a consumer complaint before the District Forum, Dehradun. The applicant had also moved an application for seeking interim relief that the UPCL be directed not to disconnect his electricity connection during the pendency of the case. Since, the District Forum was not functional due to lack of Coram, the Member of the District Forum vide his order dated 12.07.2013, fixed the next date of hearing on 19.08.2013. Upon this, the applicant filed a Revision Petition No. 10 of 2013 before this Commission along with the prayer that interim relief to the effect that his connection be not disconnected till the disposal of the case. This Commission, after going through the record, observed that it was in the interest of justice to grant such an interim relief to the applicant and passed the following order on 13.08.2013:

“13.08.13

Sh. S.M. Jain, Advocate has filed the Vakalatnama on behalf of opposite party. The same be placed on record. Therefore, there is no nee