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2026 Supreme(Online)(NCDRC) 174

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
BIHAR STATE ELECTRICITY BOARD & 2 ORS. – Appellant
Versus
SHANKAR PRASAD GUPTA – Respondent
NC/RP/156-157/2015



Petitioner Advocates:MR. SANJEEV KUMAR VARMA ,Respondent Advocate: MR. PAWAN KUMAR MISHRA & MR. BHARAT KUMAR

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI RESERVED ON: 13/01/2026 JUDGEMENT PRONOUNCED ON: 16/02/2026 REVISION PETITION NO. 156-157 OF 2015 (A gainst the O rder dated 13.11.2014 in A ppeal N o. 988/2006 & 649/2007 of the S tate C om m ission, B ihar)

(1) The B ihar S tate E lectricity B oard, N arkatiaganj, W est C ham paran, B ihar.

(2)

The E xecutive E ngineer, E lectricity B oard, B ettiah, W est C ham paran, B ihar.

(3) The M eter R eader, P radeep K um ar, E lectricity B oard, N arkatiaganj, W est Petitioners C ham paran, B ihar.

Versus S hankar P rasad G upta, S /o Late M ukti N arayan G upta, R /o S hiv M andir R oad, Respondent S ikta B zar, W est C ham paran, B ihar.

BEFORE:

HON'BLE MR. JUSTICE A.P. SAHI, PRESIDENT HONBLE MR. BHARATKUMAR PANDYA, MEMBER For the P etitioners M r. S anjeev K um ar V arm a, A dvocate For the R espondent N E M O

ORDER

PER BHARATKUMAR RAND YA, MEMBER

1.

The present revision petition has been filed by the petitioner/opposite party against the order dated 13.11.2014 passed by the S tate C om m ission, B ihar in FA /988/2006 against the order of D istrict Forum dated 18.09.2006 in C C /87/2022 and FA /649/2007 against order dated 05.11.2007 passed in E xecution case no. 48/2006 arising out of C C /87/2002, w hereby S tate C om m ission dism issed both the appeals filed by the petitioner and upheld the order of the D istrict Forum .

2. The case of the petitioner/opposite party is that the respondent/com plainant w as using his dom estic electric connection for com m ercial purpose. D uring local inspection by the Junior E lectrical E ngineer, S ikta, the respondent w as found running business of cloth by using electricity, w hich w as supplied under dom estic category and therefore the JE E vide Letter N o. 29 dated 18.04.2000 requested the A E E to prepare the bill under com m ercial tariff. Later on, JE E m ade another inspection to the prem ises of the respondent and found that the m eter w as in D S category and still energy w as being used for com m ercial purposes for running the said cloth shop. This report w as sent to the A E E , N arkatiaganj vide Letter N o. 41 dated 02.09.2002, w ho on the basis of this report rectified the bill of the C om plainant on m eter reading under com m ercial service category w hich w as earlier charged on the basis of m inim um m onthly consum ption. The C om plainant paid the energy bill on 30.11.2002 w ithout any protest. R espondent/com plainant w as having an electric connection bearing C onsum er N o. 204 S K T D /S under the dom estic services (D .S .) category in the nam e of his father late M ukti N arayan G upta. H is bill w as being served after m eter reading. H ow ever, it is the allegation of the respondent that from M ay, 2007 onw ards he w as being billed illegally under C om m ercial S ervice (C S ) category w ithout any m eter reading and som etim es he w as charged @ 60 units p.m . and som etim es @ 40 units and since January, 2022 he w as being charged perm anently @ 288 units per m onths, w hich w as w rong. C om plainant filed a consum er com plaint before the D istrict Forum for rectification of his m eter reading in D .S. C ategory and also prayed for com pensation of R s.6,500/-. P etitioners entered their appearance on receiving notice and challenged and objected to the allegations on several grounds by filing w ritten version. Junior E lectrical E ngineer inspected the prem ises of the respondent and found him running the business of cloth and using the electricity for the com m ercial purposes. A nother inspection w as also conducted by the JE E and on the basis of that inspection he w as charged under the C om m ercial services category. R espondent m ade various paym ents under com m ercial category w ithout any protest. P etitioners protested the com plaint filed by the com plainant and through their w ritten version also called upon the com plainant to pay his bills. H ow ever, D istrict Forum , as per the petitioner,

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