Allowed

Executive Engineer Electricity Distribution Division Uttarakhand Power Corporation Ltd. Almora v. Smt. Tara Jeena and Another

Uttarakhand HC2 Nov 2019WPMS/1570/2016

Case brief

AI extract

What is this about?

Uttarakhand High Court allowed a writ petition by the Electricity Distribution Division, setting aside orders of the Electricity Consumer Grievance Redressal Forum. The Forum had allowed a consumer's complaint on excessive meter readings, but the Court directed the Forum to reconsider the matter considering sub-meter evidence and the power corporation's subsequent review application.

What did the court decide?

Aiding orders dated 30.03.2016 and 30.04.2016 of the Grievance Redressal Forum are set aside and the forum is directed to reconsider the matter.

Executive Engineer Electricity Distribution… — Writ and Judicial Review | Uttarakhand HC (2019)

¶1

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

¶2

Writ Petition (M/S) No. 1570 of 2016

¶3

Executive Engineer, Electricity Distribution Division, Uttarakhand Power Corporation Ltd., Almora

¶4

………….Petitioner

¶5

Versus

¶6

Smt. Tara Jeena and another

¶7

……...Respondents Present : Mr. Dharmendra Barthwal, Advocate for the petitioner. Ms. Nandini Roy, Advocate, holding brief of Mr. B.S. Adhikari, Advocate for respondent no. 1.

¶8

Hon’ble Sudhanshu Dhulia, J. (Oral)

¶9

This writ petition has been filed before this Court by Uttarakhand Power Corporation Ltd. against an order of the Electricity Consumer Grievance Redressal Forum, Kumaon Region, Haldwani, District Nainital, by which the complaint/petition of the consumer has been allowed, which was for excessive meter readings.

¶10

The matter relates to domestic consumption of electricity in Almora, where the consumer i.e. present respondent no. 1 Smt. Tara Jeena has an accommodation, which is a house admittedly rented to six different tenants. There is a common meter and also six sub-meters. In the complaint made by private respondent no. 1 before the Electricity Consumer Grievance Redressal Forum (from hereinafter referred to as the “Grievance Redressal Forum” Forum”), it was stated that the meter was defective from 13.12.2013 to 13.07.2015 and for this period he was getting “IDF”* bill which was being deposited. Meanwhile, a complaint

¶11

*Identified as Defective.

¶12

¶13

was made to the concerned District Magistrate regarding pilferage of electricity and the matter reached the Power Corporation. Subsequently a surprise check was made by the Power Corporation and the meter of respondent no. 1 was found “bypassed”, which is “tempering”. Thereafter a bill of Rs. 1,44,709.78 (Rupees One Lakh Forty Four Thousand Seven Hundred Nine and Seventy Eight Paise only) was given to the consumer/respondent no. 1, which was challenged by her before the Grievance Redressal Forum.

¶14

The Grievance Redressal Forum came to the conclusion that even if the reading of 42459 unit is supposed to be correct, the units on which the bill is to be paid is 34709 and if this is supposed to be correct unit then between the period when it has been charged, it comes to 1900 unit per month which according to the CGRC was improbable, for a domestic consumption. Consequently, the CGRC allowed the complaint vide order dated 30.03.2016.

¶15

Aggrieved by the order dated 30.03.2016 passed by the Grievance Redressal Forum, the Power Corporation filed a review petition stating that electricity was given to the tenants through sub-meters and combined reading of all the sub-meters comes to 2155 unit per month. Evidence to this effect was also produced by the Power Corporation, however, the Grievance Redressal Forum failed to take cognizance and dismissed the review application. Aggrieved, the Power Corporation has filed the present writ petition.

¶16

¶17

Even if the correct reading is considered to be 42459 units per month, the fact remains that since March, 2011 to September, 2015, the consumer has only paid Rs. 23,000/- odd to the Department which is a meagre amount, considering that it is for a period of four years. Moreover the reading of the six different submeters tell an entirely different storey. This ought to have been considered by the Grievance Redressal Forum.

¶18

Consequently, the writ petition is allowed. Orders dated 30.03.2016 and 30.04.2016 are hereby set aside. The Grievance Redressal Forum is directed to reconsider the matter in the light of what has been stated above and also in light of the averments made by the Power Corporation in subsequent review application filed before it.

¶19

(Sudhanshu Dhulia, J.) 02.11.2019

¶20

Avneet/

Executive Engineer Electricity Distribution Division Uttarakhand Power Corporation Ltd. Almora v. Smt. Tara Jeena and Another

Case brief

What is this about?

What did the court decide?

Executive Engineer Electricity Distribution Division Uttarakhand Power Corporation Ltd. Almora v. Smt. Tara Jeena and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Smt. Priyanwanda Vs Tanvir Akhtar Kurashi And Anr.

United India Insurance Co. Ltd. Vs Smt Lata Devi and Others

Smt Lata Devi and Others Vs Vijay Kumar and Another

Sumit Kumar Vs Iiird Fast Track Court/a.D.J. Hardwar and Ors.

Ims University Vs State Information Commissioner Dehradun and Another

Vedansh Dwivedi Vs State Of Uttarakhand and Another