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(Per: Ms. Kumkum Rani, President):

This appeal has been directed against the impugned judgment and order dated 25.10.2022 passed by learned District Consumer Disputes Redressal Commission, Haridwar (hereinafter to be referred as "The District Commission") in consumer complaint No. 304 of 2022, styled as M/s Sai Sha Stone Crusher Vs. Senior Engineer, Power Distribution Section (Divisional Office), Jwalapur, Haridwar, First Appeal No. Senior Engineer / Executive Engineer 06.08.2024 51 of 2023 Electricity Distribution Division Jwalapur, Haridwar and another Versus M/s Sai Sha Stone Crusher Uttarakhand and another, wherein and whereby the consumer complaint was ex-parte allowed by the District Commission, directing the appellants / opposite parties to pay an amount of Rs. 49,00,000/- to respondent / complainant on account of deficiency in service on their part together with Rs. 50,000/- towards compensation for mental agony and Rs. 25,000/- towards counsel fee & litigation expenses, in all, Rs. 49,75,000/-, within a period of one month, failing which the respondent / complainant was also held entitled to interest @6% p.a. on the aforesaid amount from the date of filing of the consumer complaint, i.e., 27.07.2022 till payment.

2. The facts relevant for the disposal of the present appeal are as such that the respondent / complainant had filed a consumer case bearing No. 136 of 2021 against Executive Engineer, Electricity Distribution Division, Jwalapur, Haridwar before Consumer Grievance Redressal Forum (Haridwar Zone), Industrial Area, Haridwar, which was allowed vide judgment and order dated 21.02.2022. It was alleged in the consumer complaint filed before the District Commission that there has been deficiency in service on the part of the electricity department, due to which the dispute has arisen. Therefore, the consumer complaint was instituted by the complainant before the District Commission, seeking certain reliefs, morefully described in para 11 of the consumer complaint.

3. No written statement was filed by the appellants / opposite parties before the District Commission and vide order 07.09.2022 passed by the District Commission, while holding the service of notice as sufficient upon the appellants, their opportunity of filing the written statement was closed.

First Appeal No. Senior Engineer / Executive Engineer 06.08.2024 51 of 2023 Electricity Distribution Division Jwalapur, Haridwar and another Versus M/s Sai Sha Stone Crusher

7. Relevant provision of Section 36(1) of the Consumer Protection Act, 2019 is reproduced below:

First Appeal No. Senior Engineer / Executive Engineer 06.08.2024 51 of 2023 Electricity Distribution Division Jwalapur, Haridwar and another Versus M/s Sai Sha Stone Crusher "36. Proceedings before District Commission. - (1) Every proceeding before the District Commission shall be conducted by the President of that Commission and atleast one member thereof, sitting together: