First Appeal No. 91/2013. Case: Uttarakhand Power Corporation Limited and Ors. Vs Roop Chand. Uttaranchal State Consumer Disputes Redressal Commission
| Case Number | First Appeal No. 91/2013 |
| Counsel | For Appellant: S.M. Jain, Learned Counsel and For Respondents: Gopal Narsan, Learned Counsel |
| Judges | B.C. Kandpal, J. (President), D.K. Tyagi, H.J.S. and Veena Sharma, Members |
| Issue | Consumer Protection Act, 1986 - Section 15 |
| Judgement Date | January 16, 2015 |
| Court | Uttaranchal State Consumer Disputes Redressal Commission |
Order:
B.C. Kandpal, J. (President)
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This is an appeal under Section 15 of the Consumer Protection Act, 1986 against the order dated 04.03.2013 passed by the District Forum, Haridwar in consumer complaint No. 306 of 2011. By the order impugned, the District Forum has ex-parte allowed the consumer complaint against the appellants - opposite party and quashed the electricity bill in question and also directed the appellants to pay compensation of Rs. 50,000/- to the respondent - complainant within a period of one month from the date of the order. Briefly stated, the facts of the case as mentioned in the consumer complaint, are that 18 years ago, the complainant had applied with the electricity department for a domestic electricity connection and also deposited sum of Rs. 600/- with the electricity department, but the complainant was not provided any electricity connection and no electricity line was installed upto the house of the complainant. It was alleged that the complainant has not consumed any electricity, but the electricity department has wrongly issued electricity bills to the complainant showing electricity connection No. 072091. On receipt of the first electricity bill of Rs. 3,159/- in the year 2003, the complainant wrote a letter dated 22.09.2003 to the electricity department, stating therein that inspite of depositing the required amount, he has not been provided any electricity connection and he has wrongly been issued electricity bills. On the letter of the complainant, an inquiry was made and in the inquiry report dated 13.01.2004, it was mentioned that there is no electricity line at the spot and the complainant is not consuming any electricity. The complainant was assured that no electricity bill would be issued to him in future. But on 27.10.2010, the complainant received an electricity bill to the tune of Rs. 34,009/-. Thereafter, alleging deficiency in service on the part of the electricity department, the complainant filed a consumer complaint before the District Forum, Haridwar.
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The District Forum issued notice to the appellants, but the appellants did not appear before the District Forum and, as such, the District Forum vide order dated 13.12.2011 proceeded the consumer complaint ex-parte against the appellants and decided the same vide impugned order dated 04.03.2013 in the above terms. Aggrieved by the said order, the appellants have filed this appeal.
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We have heard learned counsel for the parties and have...
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