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State Consumer Disputes Redressal Commission

Ex. Engineer E.D.D. vs Magan Lal Dev Ji Mewa Wala on 22 December, 2022

  	 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/1118/2017  ( Date of Filing : 23 Jun 2017 )  (Arisen out of Order Dated 08/05/2017 in Case No. C/57/2008 of District Sant Ravidas Nagar)             1. Ex. Engineer E.D.D.  Bhadohi ...........Appellant(s)   Versus      1. Magan LaL Dev Ji Mewa wala  Bhadohi ...........Respondent(s)       	    BEFORE:      HON'BLE MR. SUSHIL KUMAR PRESIDING MEMBER    HON'BLE MR. Vikas Saxena JUDICIAL MEMBER            PRESENT:      Dated : 22 Dec 2022    	     Final Order / Judgement    

 ORAL 

 

State Consumer Disputes Redressal Commission

 

U.P. Lucknow.

 

Appeal No. 1118 of 2017

 

1- Executive Engineer, Electricity Distribution

 

    Division, IInd S.R.N., Bhadohi.

 

2- The Sub Division Officer, Electricity Distribution

 

    Division, IInd S.R.N., Bhadohi.                      ...Appellants.

 

Versus

 

Magan Lal Devji Mewawala, R/o 875,

 

Power House Road, Pakar & Tehsil Bhadohi,

 

Taluka Chathar, District, S.R.N. Bhadohi.      ...Respondent.

 

Present:- 

 

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

2- Hon'ble Sri Vikas Saxena, Member.

Sri Manoj Kumar, Advocate for appellants.

None for respondent.

Date 22.12.2022 JUDGMENT Per Sri Sushil Kumar,  Member- This appeal has been filed against the judgment and order dated 8.5.2017 passed by the ld. District Consumer Forum, Bhadohi in complaint case no.57 of 2008, Magan Lal Devji Mewawala vs. Executive Engineer, Electricity Distribution Division & anr., whereby the ld. District Forum allowed the complaint and cancelled the bill amounting to Rs.1,23,206.92 and directed the appellant to pay Rs.30,000.00 for mental agony and Rs.10,000.00 for expenses of litigation.

We have heard ld. counsel for the appellant.  None appeared for the respondent. We have perused the impugned judgment and order. 

As per the allegation of the complaint, the complainant is a big businessman and he got the electricity connection of 875 HP. This fact itself indicates that electricity connection is a commercial one and no consumer complaint is maintainable regarding the dispute of commercial electricity connection.

Ld. District Forum passed the judgment illegally which deserves to be set aside.

    (2)

ORDER           Appeal is allowed. The judgment and order dated 8.5.2017 passed by the ld. District Consumer Forum, Bhadohi in complaint case no.57 of 2008 is set aside and the complaint dismissed.

          The stenographer is requested to upload this order on the Website of this Commission today itself. 

          Certified copy of this judgment be provided to the parties as per rules.       

 
        (Vikas Saxena)                                (Sushil Kumar)

 

              Member                                  Presiding Member

 

Judgment dated/typed signed by us and pronounced in the open court.

Consign to record.

 
        (Vikas Saxena)                                (Sushil Kumar)

 

              Member                                  Presiding Member

 

Jafri, PA I

 

Court 2

 

              [HON'BLE MR. SUSHIL KUMAR]  PRESIDING MEMBER 
        [HON'BLE MR. Vikas Saxena]  JUDICIAL MEMBER