State Consumer Disputes Redressal Commission
Uttarakhand Power Corporation Ltd. vs Smt. Angoori Devi on 21 August, 2023
Appeal No. Uttarakhand Power Corporation Ltd. 21.08.2023
79 of 2019 and Ors.
Vs.
Smt. Angoori Devi
STATE CONSUMER DISPUTES REDRESSAL COMMISSION UTTARAKHAND, DEHRADUN
Date of Admission : 27.03.2019
Date of Final Hearing: 16.08.2023
Date of Pronouncement: 21.08.2023
First Appeal No. 79 / 2019
1. Uttarakhand Power Corporation Ltd.
Through its Executive Engineer
Electricity Distribution Division, Jwalapur
District Haridwar
2. Executive Engineer
Electricity Distribution Division, (Urban) Mayapur,
Roorkee, Haridwar
(Through: Smt. Shashi Yogeshwar, Advocate)
.....Appellants
VERSUS
Smt. Angoori Devi W/o late Sh. Som Prakash
R/o Nath Nagar, Jwalapur, District Haridwar
.....None for Respondent
Coram:
Ms. Kumkum Rani, Judicial Member II
Mr. B.S. Manral, Member
ORDER
(Per: Ms. Kumkum Rani, Judicial Member II):
This appeal under Section 15 of Consumer Protection Act, 1986 has been directed against the judgment and order dated 08.02.2019 passed by the District Consumer Disputes Redressal Forum, Haridwar (hereinafter to be referred as the District Commission) in consumer complaint No. 136 of 2015 styled as Smt. Angoori Devi Vs. Executive Engineer, Electricity 1 Appeal No. Uttarakhand Power Corporation Ltd. 21.08.2023 79 of 2019 and Ors.
Vs. Smt. Angoori Devi Distribution Division, Mayapur, Haridwar and Anr., wherein and whereby the complaint was allowed.
2. The facts giving rise to the present appeal, in brief, are as such that complainant alongwith her husband (late Sh. Som Prakash) was residing on rent in one room situated at Arya Vanprastha Ashram, Jwalapur and the electricity connection was allotted in the name of Late Sh. Som Prakash. It is also averred that the husband of the complainant has passed on dated 07.01.2001, on account of which the complainant has vacated the premises; since then the electricity connection was not used. Last electricity bill was dispatched to the complainant of Rs. 852/- from the appellants - Electricity Department which was duly paid. The son of the complainant Sh. Naresh Kumar has submitted an application alongwith affidavit that the allottee Late Sh. Som Prakash has passed away as well as the rented property was vacated and the entire electricity bill / charges were paid, therefore, we intended to make permanent disconnection of the electricity connection. The electricity connection issued in the name of Late Sh. Som Prakash was permanently disconnected in January 2015 and the notice for the arrears of electricity charges to the tune of Rs. 1,07,860/- sent to the Ashram, which was given to the complainant to pay the same, due to which the complainant has suffered mental agony. It is pleaded that the complainant has paid the entire electricity bill till July, 2001. Therefore, she has filed consumer complaint.
3. The Electricity Department as the opposite parties has submitted their written statement alleging that it is incorrect to say that after vacating the rented house in the month of July, 2001, the complainant never used the electricity connection allotted to her husband and she has paid the entire electricity bill / charges. It is also pleaded that the version of the complainant is wrong that her son has moved an application alongwith 2 Appeal No. Uttarakhand Power Corporation Ltd. 21.08.2023 79 of 2019 and Ors.
Vs. Smt. Angoori Devi affidavit that on account of death of allottee Late Sh. Som Prakash, they intended to disconnect the electricity connection as permanently disconnected on 01-09-2001. It is further averred that the complainant has neither submitted any receipt of the permanent disconnection, nor submitted any application alongwith affidavit filed on behalf of her son, hence in the absence of such documents, the version of the complainant is wrong and incorrect. As per the records, the connection in dispute was found to be used till November, 2009 and considering November, 2009 as last date, the electricity connection issued to Late Sh. Som Prakash was temporary disconnected in November, 2009 and it was permanently disconnected in January, 2015; the outstanding amount to the tune of Rs. 65,683/- is due towards the complainant. In such circumstances, the department has not committed any deficiency in service; there is no fault committed by the electricity department, therefore, the complaint is liable to be dismissed.
4. The District Commission after taking into consideration the material available on record, has passed the impugned judgment on dated 08.02.2019, wherein it is held as under:-
"ifjokn Lohdkj fd;k tkrk gSA foi{kh fo|qr foHkkx dks vknsf"kr fd;k tkrk gS fd og vkns"k dh frfFk ls ,d ekg ds Hkhrj ifjokfnuh dks uks&M;wt lfVZfQdsV tkjh djsa rFkk 5]000@&:0 dh /kujkf"k crkSj {kfriwfrZ ,oa okn O;; ds :i esa ifjokfnuh dks vnk djuk lqfuf"pr djsAa ;gka ;g Hkh Li'V fd;k tkrk gS fd mDr fo|qr dusD"ku dk fn0 01-09-2001 ls igys dks ;fn dksbZ fo|qr fcy cdk;k gS rks mlds foi{khx.k ifjokfnuh ls çkIr djus ds vf/kdkjh gksx a s] ftlds lac/a k esa foi{kh foHkkx 3 Appeal No. Uttarakhand Power Corporation Ltd. 21.08.2023 79 of 2019 and Ors.
Vs. Smt. Angoori Devi ifjokfnuh dks vyx ls la"kksf/kr fcy vkns"k dh frfFk ls ,d ekg ds vUnj çsf'kr djuk lqfuf"pr djsaA"
5. Aggrieved by the aforesaid judgment and order of the District Commission, the appellants - opposite parties have preferred the present appeal stating that the impugned judgment is perverse and against law and facts on record. The learned counsel for the appellants has contended that the District Commission has failed to appreciate that the complaint of the complainant - Smt. Angoori Devi is not maintainable, as she was not a consumer and the electricity connection was allotted in the name of Late Sh. Som Prakash.
6. We have heard learned counsel for the appellants - Electricity Department. Respondent has not appeared inspite of service of the notice. An ex-parte order was passed against the respondent on dated 28.07.2022.
7. We have perused the impugned judgment and order.
8. It is an admitted fact that the electricity connection was issued in the name of Late Sh. Som Prakash, husband of the complainant. The complainant has not submitted any documents that the electricity connection previously issued in the name of her husband, was transferred / re-allotted to the complainant - Smt. Angoori Devi on depositing requisite fee in the department after the death of her husband.
9. As per Section 2(d)(i) & (ii) of The Consumer Protection Act, 1986, the complainant does not come within the definition of consumer because after giving proper charges, the complainant has not applied for the change of her name in place of her husband's name in the record of the Electricity Department.
4Appeal No. Uttarakhand Power Corporation Ltd. 21.08.2023 79 of 2019 and Ors.
Vs. Smt. Angoori Devi
10. A perusal of the impugned judgment does not show that the complainant had filed the receipt of such application / letter sent by her son in July, 2001 to the Electricity Department to prove the factum that the letter / application moved in July, 2001 was actually delivered and received in the office of Electricity Department. If the receipt is not available on record, then it cannot be presumed that the such application was handed over by the son of the complainant to the department for permanent disconnection of electricity connection in question.
11. It is further argued on behalf of the appellants that the District Commission did not consider the fact that for Electricity Grievances, the Electricity Act, 2003 had provided a special remedy under Section 42(5) for establishment of Grievance Redressal Forum and the electricity was supplied to the consumer under the provisions of Electricity Act, 2003 subject to the provisions of the Act and Rules made thereunder and in case, there is any grievance, the consumer is under legal obligation to avail the remedy provided under the Act. Therefore, the jurisdiction of the District Commission is impliedly barred. On such account, the complaint is not legally maintainable.
12. We are convinced with the said arguments and the contention submitted on behalf of the appellants because when the Electricity Grievance Act is available, wherein special remedy under Section 42(5) was provided and such Grievance Redressal Forum was established for such purpose, then the consumer must move his application before the Grievance Redressal Forum to get proper and appropriate relief in regard to the difference and correction of electricity bills. Learned counsel for the appellants has further averred that the District Commission has wrongly discarded the submission made in the affidavit of the Executive Engineer wherein after vacating the rented property by the consumer, the 5 Appeal No. Uttarakhand Power Corporation Ltd. 21.08.2023 79 of 2019 and Ors.
Vs. Smt. Angoori Devi permanent disconnection in July, 2001 had been clearly denied by the appellant. It is true that the impugned judgment has not revealed that the complainant has ever submitted any cogent and reliable evidence on the record of the District Commission to prove the factum that the consumer had deposited the entire dues on the date of disconnection and had deposited disconnection fees / charges before the department. Thus, in our view the impugned judgment is contrary to the mandate provision of Rules and Regulations of the Electricity Act as well as the impugned judgment is perverse and is contrary to the facts and evidence on record.
13. Thus, we are of the definite view that the District Commission has not passed the impugned judgment in accordance with law and had exercised the jurisdiction which was not vested in it. Therefore, the impugned judgment suffers from the irregularity and infirmity. We are inclined to interfere with the finding of the impugned judgment and are of considered opinion that the impugned judgment is liable to be set aside. Accordingly, we are also of the opinion that the appeal is liable to be allowed.
14. Appeal is allowed. Impugned judgment and order dated 08.02.2019 passed by the District Commission, Haridwar is set aside and the consumer complaint is hereby dismissed. No order as to costs of the appeal.
15. The complainant is at liberty to file the proper and appropriate application to this effect in the Grievance Redressal Forum of the Electricity Department within three months from the date of this Judgment for getting relief.
16. Statutory amount deposited by the appellants, if any, be released in favour of the appellants.
6Appeal No. Uttarakhand Power Corporation Ltd. 21.08.2023 79 of 2019 and Ors.
Vs. Smt. Angoori Devi
17. A copy of this Order be provided to all the parties free of cost as mandated by the Consumer Protection Act, 1986 /2019. The Order be uploaded forthwith on the website of the Commission for the perusal of the parties. The copy of this order be sent to the concerned District Commission for record and necessary information.
18. File be consigned to the record room alongwith copy of this Order.
(Ms. Kumkum Rani) Judicial Member II (Mr. B.S. Manral) Member Pronounced on: 21.08.2023 7