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2004 DIGILAW 66 (UTT)

U. P. S. E. R. v. Umaid Singh

2004-05-20

K.D.SHAHI, SURENDRAKUMAR

body2004
JUDGMENT 1. This is an appeal against the order dated 21.6.1999 passed by the District Forum Almora whereby the complaint of the complainant was allowed directing the opposite party to connect the connection and to pay a compensation of Rs. 10,000/ - (Rupees Ten Thousand) along with interest @ 12% and also directing the complainant to deposit a sum of Rs. 10,816.75/- (Rupees Ten Thousand Hundred Sixteen and Seventy Five Paise). 2. The brief facts of the case are that the complainant had taken an electric connection for running a Atta Chhaki but the bills were issued incorrectly. In spite of deposits, the receipts were not shown in the ledger. The connection was disconnected on 30.3.1998. Then the complaint was filed. 3. The opposite party filed objection and alleged that a sum of Rs. 15,342.75/ - (Rupees Fifteen Thousand Three Hundred Forty Two and Seventy Five Paise) was due against the complainant before disconnection on 27.2.1998. 4. The Learned Forum after taking the evidence of the parties found that a sum of Rs. 10,816.75/- (Rupees Ten Thousand Eight Hundred Sixteen and Seventy Five Paise) was due against the complainant himself and it allowed the complaint to the extent that the electricity department should pay compensation of Rs. 10,000/(Rupees Ten Thousand) for disconnection and the complainant should pay a sum of Rs. 10,816.75/- (Rupees Ten Thousand Eight Hundred Sixteen and Seventy Five Paise) towards the dues. 5. None appeared on behalf of the complainant on the date of arguments. Therefore the appeal was heard ex-parte. 6. We have heard the Learned Counsel for the appellant and gone through the records. The dues were there and when there were dues, the electricity department was fully" entitled to disconnect the connection and that cannot be said to be a deficient in service. Therefore the order of payment of compensation of Rs. 10,000/ - (Rupees Ten Thousand) to totally illegal. Even otherwise, the connection for Atta Chhaki is given for commercial purposes and the complainant cannot be said to be a consumer and the complaint did not lie before the District Forum. 7. The net result is that the order under appeal is not justified and is liable to be quashed. ORDER The appeal is hereby allowed. The order under appeal dated 21.6.1999 is hereby quashed. The complaint is also dismissed. Cost of this appeal shall be easy.