ORAL

State Consumer Disputes Redressal Commission

U.P. Lucknow.

Appeal No. 1677 of 2008

1- Executive Engineer, Electricity Distribution

    Division, Chitrakoot.

2- Junior Engineer (SDO) Electricity Distribution

    Sub Division, Karvi, Chitrakoot.                    ...Appellants.

Versus

Brijesh Kumar Mishra s/o Sri Jagdish Prasad,

R/o Village, Nandi, Karvi Bharatpur, Tehsil,

Karvi, District, Chitrakoot.                               …Respondent.

Present:-

1- Hon’ble Sri Sushil Kumar, Presiding Member.

2- Hon’ble Sri Vikas Saxena, Member.

Sri Mohan Agarwal, Advocate for appellants.

None for respondent.

Date 16.12.2022

JUDGMENT

Per Sri Sushil Kumar,  Member- This appeal has been directed against the order dated 22.7.2008 passed by the ld. District Forum, Chitrakoot in complaint case no.90 of 2007, Brijesh Kumar Mishra vs. Executive Engineer, Electricity Distribution Division & anr., whereby the ld. District Forum cancelled the electricity bills issued after six months from the date of connection.

          Heard ld. counsel for the appellants. None appeared for the respondent.

          As per the allegation of  the complainant, he consumed the electricity connection only for six months. After six months, electric wires and poles were destroyed and the complainant started to reside at Gram Nandi and left the village Karvi.

          On perusal of the complaint, this fact reveals that the complainant never applied for permanent disconnection for his electric connection. In absence of permanent disconnection of electric supply, complainant is bound to pay the minimum electric charges till the date, he got permanent disconnection of electric supply. The ld. District Forum passed an illegal judgment while directing to recover charges

(2)

for six months. There was no occasion to conclude that the complainant consumed the electricity supply only for six months. Hence, judgment and order passed by the ld. District Consumer Forum is deserves to be set aside.

ORDER

          Appeal is allowed. The impugned judgment and order 22.7.2008 passed by the ld. District Forum, Chitrakoot in complaint case no.90 of 2007 is set aside. 

          The stenographer is requested to upload this order on the Website of this Commission today itself. 

          Certified copy of this judgment be provided to the parties as per rules.       

        (Vikas Saxena)                                (Sushil Kumar)

              Member                                  Presiding Member

Judgment dated/typed signed by us and pronounced in the open court.

Consign to record.

        (Vikas Saxena)                                (Sushil Kumar)

              Member                                  Presiding Member

Jafr, PA I

Court 3