ORAL
STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
UTTAR PRADESH, LUCKNOW
APPEAL NO. 1157 OF 2023
(Against the order dated 19-06-2023 in Complaint Case No.28/2022
of the District Consumer Commission, Aligarh)
Executive Engineer
Electricity Distribution Division IV Iglas
Aligarh
...Appellant
Vs.
Umakant S/o Rajendra Singh
R/o Girraj Nagar
Behind G G Cold Store
Gonda Road, Iglas, Aligarh.
...Respondent
BEFORE:
HON'BLE MR. JUSTICE ASHOK KUMAR, PRESIDENT
For the Appellant : Sri Isar Husain, Advocate.
For the Respondent :
Dated : 18-07-2023
JUDGMENT
MR. JUSTICE ASHOK KUMAR, PRESIDENT
The instant appeal has been filed under Section 41 of the Consumer Protection Act 2019 by the Executive Engineer, Electricity Distribution Division-IV, Iglas, Aligarh against the judgment and order of the District Consumer Commission, Aligarh dated 19-06-2023 passed in Complaint Case No. 28/2022.
The learned District Consumer Commission has, after considering the claim of the complainant, passed the impugned order and has directed the opposite party/appellant Electricity Department to grant the electricity domestic connection to the complainant after the complainant deposits a sum of Rs.18,237/- as electricity dues against the electricity tube-well connection.
Further the District Consumer Commission has directed the appellant Power Corporation to comply with the order passed by the District Consumer Commission dated 19-06-2023 within a period of one month from the date of production of the certified copy and further that non compliance of the order will proceed by awarding punishment against the opposite party under Section 72 of the Consumer Protection Act, 2019.
:2:
Against the order aforesaid the instant appeal has been filed.
Sri Isar Husain, learned Counsel for the appellant appeared.
I have heard learned Counsel for the appellant Power Corporation.
Counsel for the Power Corporation has submitted that since at the place where the complainant resides there is no facility to provide the domestic connection, therefore, the order passed by the District Consumer Commission cannot be complied with.
I am afraid to hear such argument advanced by the learned Counsel for the Power Corporation. It is the duty of the Power Corporation to provide electricity to every person who is entitled under the law and is residing within the boundaries of the State of U.P. whether the domestic connection can be provided by the Power Corporation or the line for domestic connection is available is the duty of the Power Corporation. By saying merely that there is no provision at the place where the complainant resides to provide the domestic connection is nothing but clearly an illegal act of the Power Corporation. On one hand the State Government is trying to provide electricity even in remote and rural areas for at least eighteen hours and on the other hand the Power Corporation is saying that there is no domestic power supply that too in a village where the complainant resides.
In view of the aforesaid, the instant appeal is dismissed with cost of Rs.50,000/- which will be paid by the appellant Executive Engineer, Electricity Distribution Division-IV Iglas, Aligarh to the Chief Minister Disaster Relief Fund within two months from today.
If any amount is deposited by the appellant under Section-41 of the Consumer Protection Act 2019 in this appeal, it shall be remitted to the District Consumer Commission alongwith interest.
accrued if any, who shall pass appropriate order in accordance with law.
Let copy of this order be made available to the parties as per rules.
The Stenographer is requested to upload this order on the website of this Commission at the earliest.
( JUSTICE ASHOK KUMAR )
PRESIDENT
Pnt.
