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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Manoj Kumar Tiwari, J.
Uttarakhand Power Corporation Ltd. & Anr. - Appellants
Versus
Ashok Kumar Gupta - Respondent
Writ Petition (M/S) No. 2462 of 2013
Decided On : 15-11-2021
Consumer Grievance Redressal Forum - Uttarakhand Power Corporation Limited - The court dismissed the writ petition as infructuous after the dismissal of the respondent's representation against the order impugned in the writ petition.
Fact of the Case:
Uttarakhand Power Corporation Limited challenged the order partly allowing the complaint filed by the respondent. Both parties filed separate writ petitions. The respondent's representation against the order was dismissed, leading to the dismissal of the writ petition as infructuous.
Finding of the Court:
The court found that after the dismissal of the respondent's representation, the relief claimed in the writ petition did not survive, leading to the dismissal of the writ petition as infructuous.
Issues: Challenge to the order partly allowing the complaint, separate writ petitions filed by both parties, dismissal of respondent's representation, and the survival of the relief claimed in the writ petition.
Ratio Decidendi: The dismissal of the respondent's representation against the order led to the court's decision to dismiss the writ petition as infructuous.
Final Decision: The writ petition was dismissed as infructuous.
JUDGMENT
Manoj Kumar Tiwari, J. - Uttarakhand Power Corporation Limited has challenged the order dated 24.09.2013 passed by Consumer Grievance Redressal Forum, Kumaon, Haldwani, whereby complaint filed by respondent was partly allowed. Respondent as well as Uttarakhand Power Corporation Limited challenged the said order by filing separate writ petition.
2. Learned counsel for the respondent submits that respondent's Writ Petition (M/S) No. 2512 of 2013 was disposed of on 30.10.2013 with liberty to him to make representation before the ombudsman and it was further provided that his electricity connection shall not be disconnected. He further submits that electricity ombudsman has also rejected respondent's representation, against which, he has filed another Writ Petition (M/S) No. 1684 of 2017. Thus, he submits that the relief as claimed in the writ petition does not survive.
3. This Court is also of the opinion that after dismissal of respondent's representation against the order impugned in this writ petition, the relief as claimed in the writ petition does not survive.
4. Accordingly, the writ petition is dismissed as infructuous.
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