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State Consumer Disputes Redressal Commission

Uttarakhand Power Coprporation Ltd. vs Rajkumar on 10 September, 2015

  	 Cause Title/Judgement-Entry 	    	       STATE CONSUMER DISPUTES REDRESSAL COMMISSION,UTTARAKHAND  176 Ajabpur Kalan,Mothrowala Road,   Dehradun-248121  Final Order             First Appeal No. A/14/153  (Arisen out of Order Dated 19/07/2014 in Case No. 278/2013 of District Hardwar)             1. Uttarakhand Power Coprporation Ltd.  through its EX.Eng. Electricity Distribution Division(urban) Haridwar  Haridwar  Uttarakhand ...........Appellant(s)   Versus      1. Rajkumar  s/o late Attar singh  r/o Maliyn Jwalapur, Haridwar.  Haridwar  Uttarakhand ...........Respondent(s)       	    BEFORE:      HON'BLE MR. JUSTICE B.S. Verma PRESIDENT    HON'BLE MR. D. K. Tyagi, H.J.S. MEMBER    HON'BLE MRS. Veena Sharma MEMBER          For the Appellant:  For the Respondent:     	    ORDER   

This appeal is directed against the order dated 26.07.2014 passed by the District Forum, Haridwar in consumer complaint No. 278 of 2013. 

By the order impugned, the District Forum directed the electricity department to prepare new electricity bill on the basis of the meter reading and further directed to recover the amount of the said electricity bill from the respondent - complainant.

Learned counsel appearing on behalf of the appellants, has contended that the father of the respondent - complainant was the consumer of the electricity department and he had died.  The mutation was not made in favour of the respondent - complainant, therefore, a ground was taken in the appeal that since the respondent - complainant was not a consumer of the electricity department and hence the order of the District Forum is bad in law.

The electricity bill which was issued by the electricity department in the name of the consumer, has been deposited by the respondent - complainant and the copy of the receipt issued by the electricity department, has been annexed with the application.  Since the amount has been accepted by the electricity department, therefore, the appeal has rendered infructuous. 

So far as the issue whether the respondent - complainant is a consumer of the electricity department or not, we are of the view that the electricity department would be at liberty to take plea in that regard, if needed, in any appropriate case filed by the respondent - complainant against the electricity department.

In view of above, appeal is dismissed as infructuous.     [HON'BLE MR. JUSTICE B.S. Verma] PRESIDENT   [HON'BLE MR. D. K. Tyagi, H.J.S.] MEMBER   [HON'BLE MRS. Veena Sharma] MEMBER