ORAL

State Consumer Disputes Redressal Commission

U.P. Lucknow.

Appeal No. 1948 of 2007

1- Kanpur Electric Supply Company through its

    Managing Director, Kesa House, Parade, Kanpur.

2- Assistant General Manager, KESCO, Jarib Chowki,

    Kanpur Nagar.                                              ...Appellants.

Versus

Vinod Kumar, R/o 11, Jhakerkati, Kanpur Nagar.

                                                                      …Respondent.

Present:-

1- Hon’ble Sri Sushil Kumar, Presiding Member.

2- Hon’ble Sri Vikas Saxena, Member.

Sri Isar Husain, Advocate for appellants.

None for the respondent.

Date 28.11.2022

JUDGMENT

Per Sri Sushil Kumar,  Member- This appeal has been directed against the judgment and order dated 6.8.2007 passed in complaint case no.203 of 2007, Vinod Kumar vs. Managing Director, KESCO & anr., whereby the ld. District Forum allowed the complaint and directed  the appellants/ opposite parties to connect electricity connection no.8084/027643 within one week and issue the electricity bill according to meter reading.

          As per allegation of the complainant, he performed tailoring business for his livelihood on plot no.11 and got 3 KW electric connection no.8084/027643 but the opposite parties issued electricity bill without taking meter reading and later on disconnected showing arrear of electric bill on the complainant.

          The opposite parties contended that plot no.11 is a commercial plot allotted by the railway department. Connection no.1082/001290 was issued in favour of one Maqbool Ahmad who was in arrear of Rs.13,58,026.96  and by fraud/conspiracy complainant established electric connection no.8084/27643 on the same premises by concealing the fact that this premises was allotted to one Maqbool Ahmad who was in arrear of Rs.13,58,026.96.

(2)

Therefore, electric connection was disconnected and no deficiency in service has been committed by the opposite parties.  

          Upon consideration the rival argument and evidence, the ld. District Forum allowed the complaint and passed the above mentioned order which is challenged on the ground that the ld. District Forum passed an illegal, unjust, arbitrary, unreasoned  and without appreciation of evidence. The complainant declared himself as a tenant of one Aseem Ahmad while there was connection no.1083/001290 was in the name of Maqbool Ahmad was in arrear charges of Rs.13,58,026.96. Premises was investigated by Assistant Engineer and found that complainant took the connection on the same premises which was in possession of Maqbool Ahmad by concealing the real fact. Therefore, committed fraud and no NOC was taken from Railway. When the appellant came to know that the respondent took the connection by submitting forged paper then this connection was disconnected with the help of police force.  

          We have heard ld. counsel for the appellant and perused the record of the file. None is present for the respondent.

          On perusal of the impugned judgment and order, it appears that the ld. District Forum never mentioned the contention of the appellants raised in their written statement and concluded that the opposite parties may recover the arrears from Maqbool Ahmad and has no right to disconnect the connection of the complainant. This observation is beyond the real contention of the parties. There is no question involved relating to recovery of arrears from Maqbool Ahmad in separate proceedings but the question is whether the complainant took a