First Appeal No. 22/2012. Case: Uttarakhand Power Corporation Ltd. and Ors. Vs Yusuf and Ors.. Uttaranchal State Consumer Disputes Redressal Commission
| Case Number | First Appeal No. 22/2012 |
| Counsel | For Appellant: S.M. Jain, Learned Counsel and For Respondents: Musharaff Ali, Learned Counsel |
| Judges | D.K. Tyagi, H.J.S. and Veena Sharma, Members |
| Issue | Consumer Protection Act, 1986 - Sections 15, 2(d)(i & ii) |
| Judgement Date | January 28, 2015 |
| Court | Uttaranchal State Consumer Disputes Redressal Commission |
Order:
D.K. Tyagi, Member
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This appeal, under Section 15 of the Consumer Protection Act, 1986, has been preferred by the appellants against the order dated 03.01.2012 passed by the District Forum, Haridwar in consumer complaint No. 332 of 2010. By the order impugned, the District Forum has allowed the consumer complaint and cancelled the notice dated 26.08.2010 sent by the Electricity Department and also directed the Electricity Department to pay the complainant a sum of Rs. 5,000/- towards damages within one month from the date of the order. Briefly stated the facts of the case, as mentioned in the consumer complaint, are that the complainant-Sh. Yusuf has taken an electricity connection No. D-3/520096 from the opposite party-Electricity Department for his tubewell situated at Mauja Nanheda, Anantpur. Later on the said tubewell/boring failed and the complainant had no need to carry on this electricity connection, therefore, he applied in the office of Electricity Department for permanent disconnection of the electricity connection and deposited a fee of Rs. 200/- for disconnection according to the rules of Electricity Department vide receipt No. 38 dated 07.03.1998. The complainant also deposited Rs. 1,500/-, which were outstanding dues against him, through receipt No. 24 dated 07.03.1998. Despite depositing the above noted fee and outstanding dues by the complainant, the opposite party sent so many bills to him, feeling aggrieved the complainant filed a consumer complaint No. 209 of 2007; Yusuf v. Executive Engineer, UPCL, EDD, Roorkee, Haridwar. The District Forum passed an order dated 03.03.2008, thereby cancelled all the bills issued after 07.03.1998 and also imposed a fine of Rs. 2,000/- against the Electricity Department. The opposite party did not comply with the order of District Forum, therefore, the complainant filed an Execution Application No. 11 of 2009 before the District Forum, where the opposite party has also filed objections on false grounds. The District Forum rejected the objections filed by the opposite party and again ordered to pay Rs. 2,000/- to the complainant. Due to execution proceedings and order of District Forum passed against the Electricity Department, the Electricity Department feeling aggrieved sent a notice dated 26.08.2010 to the complainant to deposit the outstanding dues of Rs. 4,628/-, whereas there was no dues against the complainant. The complainant had already deposited Rs. 1,500/-. The opposite party/Electricity Department wants to take revenge from the complainant, therefore, showing incorrect dues against the complainant, sent the notice dated 26.08.2010. In the objections, the Electricity Department had never shown any outstanding dues before 07.03.1998 against the complainant. The complainant has pleaded that after deposition of the last bill, receipt for the permanent disconnection is made and the complainant after depositing last bill also...
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