MUNEER AHMAD Vs. U P POWER CORPORATION LTD & ORS
LAWS(UPCDRC)-2007-3-4
UTTAR PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on March 12,2007

Muneer Ahmad Appellant
VERSUS
U P Power Corporation Ltd And Ors Respondents

JUDGEMENT

- (1.) THIS appeal has been preferred against the judgment and order of District Consumer Forum, Gorakhpur in Complaint Case No. 296/01 delivered on 14.11.2003. The District Forum has dismissed the claim for damages preferred by the complainant.
(2.) WE have heard the arguments of Sri B.K. Upadhyaya learned Counsel for appellant and Mr. Isar Husain learned Counsel for respondents.
(3.) THE brief question in this case is whether the complainant was assessed for the theft of electricity or not and whether there has been any deficiency on the part of respondent. Both the questions are inter -related. The District Forum in its judgment has mentioned the pleadings of respondent that this is a dispute for commercial connection hence Mr. Isar Husain also argued in the line of their pleading. We do not agree with this contention. The consumer is using a small Atta Chakki for his livelihood and we are of the opinion that he is a consumer. Second argument of Mr. Isar Husain is that the person was directly using the electricity neglecting the meter and hence he is involved in theft. Mr. B.K. Upadhyaya has argued that there is no evidence at all for electricity theft.;


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