Dismissed

The Dakshinanchal Vidyut Vitran Nigam Ltd. and Others v. the District Consumer Forum II Agra and Another

Allahabad HC12 Dec 2018WRIC/17006/2009

Case brief

AI extract

What is this about?

This court dismissed a writ petition filed by an electricity company challenging an order of the District Consumer Forum. The forum had set aside the bill due to alleged extraction errors, and this court found no illegality in the forum's decision.

What did the court decide?

The writ petition was dismissed; the impugned order dated 27.10.2008 passed by the District Consumer Forum IIAgra remains in force.

The Dakshinanchal Vidyut Vitran Nigam Ltd. and Others Vs the District Consumer Forum II Agra and Another — Allahabad HC (2018) — LawSathi Research

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Court No. - 39

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Case :- WRIT - C No. - 17006 of 2009

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Petitioner :- The Dakshinanchal Vidyut Vitran Nigam Ltd. And Others Respondent :- The District Consumer Forum Ii Agra And Another Counsel for Petitioner :- H.P. Dube Counsel for Respondent :- S.C.

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Hon'ble B. Amit Sthalekar,J. Hon'ble Piyush Agrawal,J.

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Heard Sri Baleshwar Chaturvedi, learned counsel for the petitioner. No one appears for the respondents even in the revised call. We, therefore, proceed to hear and decide the matter.

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The writ petition has been filed seeking quashing of the order dated 27.10.2008 passed by the District Consumer Forum-II Agra in Complaint Case no. 106/2008 (Mohanjit Singh Versus Executive Engineer and others).

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The facts of the case are that in the premises of the Respondent no.2-Mohanjit Singh there was electricity connection of 5 kilowatt. According to the respondent no.2 bills were being deposited as per the metre reading and the seal of the metre was also intact. A checking was carried out by the Department on 3.3.2008 on which date the respondent made the payment for metre reading no. 29452 for 10.5.2007. When the old metre was removed the last reading was 31475 and on 3.3.2008 in the new metre, the reading was 11308 but in the checking report the units utilised were shown as 13333. The case of the respondent in fact, therefore, is that he was entitled to make payment only for consumption with regard to unit no. 13333.

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The case of the petitioner on the other hand was that electricity load in the premises of the respondent was 5 kilowatt but he was not depositing the bills and therefore, a surprise check was carried out on 3.3.2008 during which it was found that the respondent no.2 was committing theft of electricity. A report was accordingly, prepared and a notice was sent to the respondent and he was directed to deposit bills for 33 months from 30.06.2005 to 19.03.2008 amounting to Rs. 46,187/-.

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The Consumer Protection Forum has recorded a finding that on 31.12.2005, the respondent no.2 had deposited Rs. 9198/-, on 31.3.2006, Rs.2000/-, on 27.2.2006 Rs. 7000/-, on 19.1.2007 Rs. 18255/-, on 10.8.2007 Rs. 10330, on 31.1. (year illegible) he deposited Rs. 1373/-, on 28.10.2005 Rs. 10000/-, on 30.9.2005 Rs. 15000/- and on 21.3.2008 he deposited Rs.

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25000/-. The forum, therefore, vide impugned order dated 27.10.2008 directed the respondent department (petitioner herein) to submit the bill for domestic consumption as per the current metre reading and any amount deposited by the petitioner (respondent no.2 herein) shall be adjusted and the bill prepared as per the commercial rates dated 3.3.2008 was set aside.

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We have gone through the written statement filed by the department and we find that the case of the department also was that the Respondent no.2 has not paid the arrears of electricity dues and that it appears that it was not his intention to make good the arrears. There is no allegation of theft or unauthorised use of electricity by the respondent no.2. We, therefore, find no illegality or infirmity in the impugned order dated 27.10.2008.

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The writ petition lacks merit and is accordingly, dismissed.

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Order Date :- 12.12.2018 Kirti

The Dakshinanchal Vidyut Vitran Nigam Ltd. and Others v. the District Consumer Forum II Agra and Another

Case brief

What is this about?

What did the court decide?

The Dakshinanchal Vidyut Vitran Nigam Ltd. and Others v. the District Consumer Forum II Agra and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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