Uttaranchal Power Corporation Ltd. vs BHOPAL SINGH

THE case speaks of a lot against the working of the present Electricity Department. THE complainant has filed the complaint that he applied for peramanent disconnection. He deposited the disconnection fee and according to the order of the Electricity Department, the complainant deposited the entire dues on 10.1.1997 of Rs. 1,277/-. On 10.1.1997, there was permanent disconnection. THE cable was taken away by the officers of the Electricity Department. THEreafter also bills were received. THE complainant filed the representation but still he has been served with illegal bills. No action was taken by the Electricity Department. THErefore, the complainant filed the complaint before the learned Forum.

NOTICES were served against the Electricity Department. It appears that it has got no face to file written statement. Their Counsel applied on 16.10.2002 for time to file written statement but no written statement was filed, the case proceeded ex parte. The complaint has been allowed ex parte. Thereafter this appeal was filed. In this appeal, it was alleged that the bills were merely sent, the complainant was not compelled for the payment. It is alleged that if permanent disconnection has been done, there remains no cause of action. It is further alleged that there was no permanent disconnection, so the agreement was not terminated. Agreement was only terminated vide office memo dated 24.4.2003. It is alleged that nothing has been done by the appellant to realize the amount. The case of the complainant is fully proved that there was permanent disconnection on 10.1.1997. He has deposited the fee of disconnection. Cables, etc. were removed on the same date. Office memorandum is not an evidence of permanent disconnection. The appellant nowhere said that what was done on 10.1.1997, that the cable was not removed on that date. If cable was removed on that date, there remains nothing for permanent disconnection.

During the course of argument, the learned Counsel for the appellant said that by mistake of office, bills have been issued. No bill has ever tried to be collected from the complainant but we are surprised that even if the allegation of the appellant is correct that the permanent disconnection has been done on 24.4.2003, then also sending of the bill for the period 30.3.2004 to 30.5.2004 and then again another bill for the period 30.5.2004 to 30.7.2004 is purely illegal and laughable. For this period also the price of the electricity and rent of the meter has been charged. The learned Forum has already cancelled the bill, against which order the learned Counsel for the appellant has got no objection. The learned Forum has allowed compensation of Rs. 4,000/- and cost of litigation of Rs. 1,000/-. We were in a mood to give some relief to the Electricity Department but when at the time of arguments of this appeal, even the bill for the period 30.5.2004 to 30.7.2004 was referred, that is after the order of the learned Forum on 29.4.2003, we cannot restrain ourselves except writing that the appellant has got no restraint over itself and its computer, its officers and they have got no zeal for any public service. The appeal has got no force and is to be dismissed. ORDER The appeal is hereby dismissed with a cost of Rs. 2,000/- to the complainant. Appeal dismissed.