Reserved

State Consumer Disputes Redressal Commission

U.P. Lucknow.

Appeal No. 1508 of 2003

General Manager, Kanpur Electric Supply

Admn (KESA) (now Kanpur Electric Supply

Co.), Kesa House, Kanpur.                                  …Appellant.

Versus

Jahid Husain s/o Sri Amir Husain,

R/o House No.987-A, Bagahi Bhatta,

Kanpur Nagar.                                                 .…Respondent.

Present:-

1- Hon’ble Sri Rajendra Singh, Presiding Member.

2- Hon’ble Sri Sushil Kumar, Member.

Sri Isar Husain, Advocate for the appellant.

Sri Prateek Saxena, Advocate for the respondent.

Date   22.7.2021

JUDGMENT

Per Sri Rajendra  Singh,  Member- The appeal has been filed under section 15 of the Consumer Protection Act, 1986 by the appellant Kanpur Electric Supply Admn agaisnt the judgment and order dated 28.3.2003 passed by the Ld. District Consumer Forum, Kanpur Dehat in complaint case no.116 of 2001, Jahid Husain vs. General Manager, Kanpur Electric Supply Admn.

          The brief facts of the appeal are that, that the judgment under challenge is absolutely illegal, unjust, arbitrary, unreasoned and lacks application of mind. The said judgment is a non-speaking order. The impugned judgment is based on conjunctures and surmises. The ld. District Consumer Forum has failed to appreciate the records and pleadings of the appellant and failed to appreciate dates and events of the case particularly 1.7.1998 when the complainant entered into an

(2)

agreement for 2 KW domestic connection. The complainant deposited Rs.1261.00 excluding the cost of meter. It has specifically been mentioned that the complainant shall provide cable for the connection. The distance of the site was under permissible limits and the complainant has provided cable, the connection has been energized on the same day. Since the complainant did not provide meter for installation and at that time no meter was available, the connection was provided under the Board’s order no.1706 dated 3.10.1989 which specifically provides that expeditious disposal of application for new connection through breaking all the hurdles in releasing power connection and in case the meter is not available with department, the connection can be released in absence of meter on the ground that the consumer shall pay the charges @ 120 units per KW per month until the complainant provides the meter.

The complainant is having heavy outstanding arrears upto 21.3.2001 amounting to Rs.16,455.00. The complainant filed the complaint in 2001 while the complainant has entered into the agreement with the department in July, 1998, no one can believe that for such an essential need the complainant has kept mum for about more than 2 years. The complainant did not raise any grievance as alleged in the complaint before any authority. The complainant has himself admitted receiving of regular bills but did not challenge the same. Condition no.19 clause V of the condition of Supply Regulation,1984 specifically provides that any correction of the bill shall be entertained if the same is within time. The complainant could not claim that he has not received the

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regular bill when the complainant has received the bill amounting to Rs.10,961.00. The District Consumer Forum has awarded Rs.2,000.00 as compensation and Rs.500.00 as cost and the ld. District Consumer Forum failed to appreciate whether the declared defaulter is entitled for any damages. The ld. District Consumer Forum has said that the complainant is no