First Appeal No. 203/2013. Case: Uttarakhand Power Corporation Limited and Ors. Vs Rakesh Kumar Goel. Uttaranchal State Consumer Disputes Redressal Commission

Case NumberFirst Appeal No. 203/2013
CounselFor Appellant: S.M. Jain, Learned Counsel and For Respondents: K.N. Nautiyal, Learned Counsel
JudgesD.K. Tyagi, H.J.S. and Veena Sharma, Members
IssueConsumer Protection Act, 1986 - Sections 15, 2(1)(c); Electricity Act, 2003 - Sections 126, 135, 135, 136, 137, 138, 139, 140
Judgement DateJanuary 30, 2015
CourtUttaranchal State Consumer Disputes Redressal Commission


Veena Sharma, Member

  1. This appeal, under Section 15 of the Consumer Protection Act, 1986, has been preferred by the appellants-opposite parties against the order dated 03.04.2013 passed by the District Forum, Haridwar in consumer complaint No. 199 of 2012, thereby the District Forum has allowed the consumer complaint and cancelled the notice in dispute and has directed the opposite parties-Electricity Department not to take any charge from the complainant and not to disconnect the electricity connection of the complainant in future on the basis of the disputed notice. Briefly stated the facts of the case, as mentioned in the consumer complaint, are that the complainant Sh. Rakesh Kumar Goel is a consumer of the opposite parties-Electricity Department and had taken an electricity connection No. 696/0801/093102 of 20 KW for his hotel namely Hotel Balaji at Bhupatnagar for his livelihood and paid the electricity bills regularly. It is alleged that on 28.06.2012 some officers and employees of Electricity Department came to complainant's premises (Hotel) and inspected the electricity connection, alleging false charge of electricity theft and overloading, taken away the electricity meter with them without giving any receipt. On 03.07.2012, the complainant's son went to the lab of the Electricity Department at Dehradun, where it was disclosed that the seal of the said meter is O.K. and no theft of electricity is found. The complainant was surprised by a notice dated 05.07.2012, which was sent by the opposite party No. 1 to the complainant that the meter was tampered and the complainant was using excess electricity. According to the complainant, the above notice is illegal and quite different from the lab report, because in the lab report no shunt was found in the meter. The complainant also said that prior to this, a notice of Rs. 10,00,000/- was issued against the complainant, which was finally revised to Rs. 7,50,742/- and the same was not according to the rule. According to the notice dated 05.07.2012, overloading of 8.29 KW was shown, which is wrong because according to the Electricity Department's Rule, the premise where geyser and A.C. are installed, then only one's load will be calculated. During checking, only 8 A.C.'s were identified. On rechecking and report of S.D.O.-opposite party No. 2, one A.C. was found of 1800 Watt, so total load of A.C.'s were calculated 14.400 Watt. If the load of the geyser was 9 KW and load of A.C...

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