STATE CONSUMER DISPUTES REDRESSAL COMMISSION UTTARAKHAND FIRST APPEAL NO. SC/5/A/92/2021 null Executive Engineer, Electricity Distribution Division PRESENT ADDRESS - Laksar, Teh.

LaksarNCDRC,UTTARAKHAND.

.......Appellant(s)

Versus Smt. Seema PRESENT ADDRESS - w/o Sanjay , Manager, Mukhia Hotel, Hardwar Road, LaksarNCDRC,UTTARAKHAND.

.......Respondent(s)

BEFORE:

HON'BLE MS. KUMKUM RANI, PRESIDENT HON'BLE MR. C.M. SINGH, MEMBER FOR THE APPELLANT: Mr. Nitin Kumar Garg (Advocate) FOR THE RESPONDENT: Mr. Ashwani Bailwal (Advocate)

DATED: INVALID DATETIME

ORDER

(Per: Ms. Kumkum Rani, President):

This appeal has been directed against judgment and order dated 22.10.2020 passed by the learned District Consumer Disputes Redressal Forum, Haridwar (hereinafter to be referred as the District Commission) in consumer complaint No. 71 of 2018 styled as Smt. Seema Vs. Executive Engineer, Electricity Distribution Division (Rural), Laksar, District Haridwar, wherein and whereby the complaint was allowed.

2. The facts giving rise to the present appeal, in brief, are as such that the complainant was using the electricity account book No. 0000 connection No. 9486 bill No. 1W061500009486 since a long time for running her hotel ‘Mukhiya’ and this hotel is the main source of livelihood of the complainant and her family. The complainant was regularly paying the electricity charges to the Electricity Department. In the year 2015, the business of said hotel went down, therefore, the load of electricity connection in question was reduced to 21KW from 42KW on the request of the complainant. The opposite party No. 1 has issued a letter to adjust the security amount of Rs. 21,000/- in the electricity bill of February, 2015 of the complainant, but the same was adjusted in the electricity bill of May, 2015. The complainant has submitted an application on dated 24.10.2016 before the office of Electricity Department to install a check meter due to incorrect reading of the electricity meter after paying Rs. 1,000/-. Consequently, the opposite party No. 1 has installed a check meter in the hotel of the complainant on dated 17.12.2016. At the time of installation of check meter, the reading of 14232.5KW was presented in the sealing report and after one month, when the check meter was uninstalled on dated 18.01.2017, the reading of the check meter was shown 14338.30KW in the sealing report. The complainant has paid all the charges of electricity bills, even after the removal of the check meter, the opposite parties sent a demand notice of Rs. 1,48,042/- in the month of February, 2017 without any intimation to the complainant. After receiving the notice of said bill, the complainant has contacted to the office of the opposite party No. 1, thereafter, the opposite party No. 1 has submitted a copy of the letter which was forwarded to the address of Executive Engineer, Electricity Distribution Division, Beragi Camp, Haridwar wherein the sealing report of check meter installed from the month of August, 2013 to May 2014, was demanded, whereas neither the check meter was installed in the premises of complainant in 2013-14, nor the complainant sought installation of such check meter. The amount mentioned in the earlier bills were deposited till the period of March, 2017 in the prescribed time, but from the month of April, 2017, the opposite party No. 1 had continued to add the amount of Rs. 1,48,042/- as amount due in the last bill, whereas the complainant always deposited the amount of electricity charges to the office of opposite parties. In the bill for the month of April, 2017 and May, 2017 the amount in the column due in the last bill has been shown Rs. 1,06,457/- and thereafter the due in the last bill amount was sometime increased and sometime decreased. The opposite party No. 1 was continuously sending the bills adding the amount of arrears of electricity charges as mentioned in the notice of the month of February, 2017, whereas the complainant has regularly and monthly pay