MOHAMMED N AIM vs EXECUTIVE ENGINEER (COMMERCIAL), U.P.S.E.B.

THIS is an appeal against the judgment and order dated 6.10.1993 passed by District Consumer Forum, Allahabad in Complaint Case No. 239 of 1992.

THE facts of the case stated in brief are that the complainant completed the formalities for taking an electric connection in June, 1990, but the connection was energised on 24.8.1991. According to the complainant he sent a telegram to the Junior Engineer, Electricity Department on 16.2.1991 intimating that the connection has not been given so far. The opposite party in its written version has alleged that the certificate of meter fixing is fictitious. It is also alleged that no application for connection was ever given.

The learned District Forum, after considering the case of the parties, dismissed the complaint with cost of Rs. 100/-.

AGGRIEVED against the order of the learned District Forum, the complainant has come in appeal and has challenged the correctness of the order passed by the Forum. The parties were informed on service postal stamps but none appeared on the date fixed. We have perused the file and the papers.

THE learned District Forum has come to a categorical decision that the complainant has not intimated as to on which date the connection was given. It has also been mentioned by the learned District Forum that in order not to pay the electricity bill the complainant has filed the complaint. A perusal of the documents on record will go to show that no copy of the bill has been filed by the complainant in order to show whether any bill was issued to him after the alleged connection was given to him. According to the complainant the electric connection was applied for in June, 1990 which was energised in August, 1991. THE complainant filed the complaint in During this period electric consumption bills must have been issued to the complainant. As the complainant has not filed any such bill, a doubt is created in the mind of the Commission as to whether any electric connection was installed or not. Even if the complainant has not consumed any electricity, the bills on minimum charges is issued to a consumer. Thus the contention of the opposite party about the fixing of the meter appears to be correct. Thus we find that the complainant has not been able to prove his case. THE order and judgment of the learned District Forum is correct and it requires no interference. THE appeal is liable to be dismissed. ORDER THE appeal is dismissed. THE judgment and order of the learned District Forum are confirmed. Let copy as per rules be made available to the parties. Appeal dismissed.