State Consumer Disputes Redressal Commission
Sri Tilak Ram vs Uppcl on 19 July, 2016
Cause Title/Judgement-Entry STATE CONSUMER DISPUTES REDRESSAL COMMISSION, UP C-1 Vikrant Khand 1 (Near Shaheed Path), Gomti Nagar Lucknow-226010 First Appeal No. A/2027/2015 (Arisen out of Order Dated 19/08/2015 in Case No. c/229/2012 of District Sitapur) 1. Sri Tilak Ram Sitapur ...........Appellant(s) Versus 1. Uppcl Sitapur ...........Respondent(s) BEFORE: HON'BLE MR. JUSTICE AKHTAR HUSAIN KHAN PRESIDENT For the Appellant: For the Respondent: Dated : 19 Jul 2016 Final Order / Judgement STATE CONSUMER DISPUTES REDRESSAL COMMISSION, UTTAR PRADESH, LUCKNOW APPEAL NO. 2027 OF 2015 (Against the judgment/order dated 19-08-2015 in Complaint Case No. 229/2012 of the District Consumer Forum, Sitapur ) Tilak Ram S/o Sri Putani Alia Puttilal R/o Paharpur Majra Peetpur Block Alia Police Station Ramcot District Sitapur, U.P. ...Appellant Vs. U. P. Power Corporation Limited Through its Executive Engineer Address Rani Kothi Naveen Nagar Sitapur Tehsildar District Sitapur. ...Respondents BEFORE: HON'BLE MR. JUSTICE AKHTER HUSAIN KHAN, PRESIDENT HON'BLE MR. MAHESH CHAND, MEMBER
For the Appellant : None appeared. For the Respondent : None appeared. Dated : 19-07-2016 JUDGMENT MR. JUSTICE A. H. KHAN, PRESIDENT (ORAL)
This is an appeal under Section-15 of the Consumer Protection Act 1986 filed against judgment and order dated 19-08-2015 passed by District Consumer Forum, Sitapur in Complaint No. 229/2012 Tilak Ram V/s U. P. Power Corporation Limited whereby said complaint has been dismissed.
Appellant is complainant of said complaint.
Appellant has remained absent for three consecutive dates. None appeared on his behalf to press appeal.
According to complaint version of complainant is that he had electric connection before March 1978 for tube-well. He had paid electric bills upto March, 1978. He had provided connection for marriage function in March, 1978. Officers of opposite party/respondent raided spot and removed wire from transformer. Villagers intervened and chased said officers. Thereafter next day officers again came and removed electric wire from :2: main line. Since then complainant has no electric line. In year 1980 complainant was acquitted of offense U/S 329/186 I.P.C. registered as Crime No. 275 of 1978 for above incident of March, 1978. Thereafter he applied for fresh connection and deposited Rs.50/- as requisite fee but he was not provided connection and R.C. was issued against him for Rs.27,000/-.
Opposite Party No.1 has filed written statement before District Consumer Forum. It has been contended by opposite party no.1 that complainant had obtained electric connection in year 1978. He had not paid electric dues. Rs.27,000/- is due against him. It has been further contended by opposite party that complaint is time barred.
Averments made in complaint shows that electric connection of complainant was removed in March, 1978 and he deposited Rs.50/- for new connection in year 1980 but he was not provided connection. In complaint the complainant has not sought relief for electric connection. He has sought relief for damages only. His main grievance is recovery certificate but no prayer has been made in complaint for cancellation of recovery certificate. In complaint sole prayer has been made for compensation for defamation and mental harassment.
Impugned judgment passed by District Forum shows that appellant/ complainant has failed to prove disconnection of his electric connection in year 1978 as alleged in complaint. Appellant complainant has further failed to prove that he has paid electric bills. Impugned judgment is well discussed and has no error to justify interference in it. Appeal has no merit and is dismissed accordingly.
Let copy of this order be made available to the parties as per rules.
( JUSTICE A H KHAN ) PRESIDENT ( MAHESH CHAND ) MEMBER pnt [HON'BLE MR. JUSTICE AKHTAR HUSAIN KHAN] PRESIDENT