ORDER

(Per: Ms. Kumkum Rani, President):

This appeal has been directed against judgment and order dated 24.06.2019 passed by the District Consumer Disputes Redressal Forum, Pauri Garhwal (hereinafter to be referred as the District Commission) in consumer complaint No. 29 of 2017 styled as Sh. Chandrapal Singh Vs. Executive Engineer, Electricity Distribution Division, UPCL, Kotdwar, Pauri Garhwal, wherein and whereby the complaint was allowed directing the opposite party to pay a sum of Rs. 5,000/- as charges incurred by the complainant in installation of new meter as well as Rs. 3,000/- for mental agony to the complainant within a period of one month from the date of impugned judgment and order, failing which the complainant shall be entitled to get interest @ 7%p.a. from the date of filing the consumer complaint till its actual realization.

Brief facts of the case are as such that the complainant is the owner of the shop situated at Jayanand Bharti Marg, Kotdwar, Pauri Garhwal. An electricity connection was installed at the said shop vide connection No. K.T.006/1196/000140 through the opposite party, which was allotted in the name of father of the complainant. Electricity bills were regularly paid by the complainant to the department of opposite party. The opposite party has given a contract to a company M/s YMPL for inspection of the meter. After inspection of the meter of the complainant, it was found that the said meter was running 85% slow then normal, but no tempering was found in the said meter. After testing of the said meter on dated 24.05.2016, the opposite party uninstalled the same and sent it to laboratory situated at Kotdwar for testing. A report was given to the complainant showing that the said meter was running 85% slower than normal. After uninstallation of said meter, neither check meter was installed in the premises of the complainant, nor the meter reading was taken for last six months. The allegation of opposite party that the meter was running slow is wrong and incorrect. The opposite party has dispatched a notice dated 05.07.2016 to the complainant, demanding payment of Rs. 26,450/- on account of meter being 85% slow. The opposite party has also disconnected the electricity connection of the complainant in the month of March, 2017. By the above-said act, the complainant has to suffer mental agony and stress. The complainant has paid Rs. 5,000/- to the Department for installation of new electricity connection. He dispatched a legal notice on dated 27.07.2017 to the opposite party, but no reply was given to the complainant. Thus, there is a gross deficiency in service on the part of the opposite party, therefore, Rs. 10,000/- be awarded to the complainant alongwith litigation expenses.

The opposite party submitted its written statement stated that there was an agreement between the Department and M/s YMPL company for proper working/testing of the meter; the above company noted that the complainant’s meter No. KT06/1196/000140 was found to be running 85% slow, therefore, the above company uninstalled the said meter and sent it to laboratory of electricity department for testing. During testing of the meter, it is also found that the said meter was running 85% slow. In the said meter, tampering, re-soldering, cutting of the wire inside the meter was not found. The issue was technical in nature, for which the said meter was running either slow or fast from time to time. On the basis of reading of check meter upon faulty meter, after imposing penalty an electricity bill was issued to the complainant for its payment. After testing complainant’s meter and after determination of assessment amount, a proper intimation was also given to the complainant, but even after receiving the intimation, the complainant has not deposited the amount, therefore, an order was passed to disconnect his electricity connection. It is further stated that there was no deficiency in service on the part of the opposite party