KAPTAN PAL SINGH Vs. U P POWER CORPORATION LIMITED

JUDGEMENT

(1.) HEARD the learned Counsel for the appellant as well as learned Counsel for the UPPCL. The appellant Kaptan Pal Singh is aggrieved of the District Consumer Forum's orders dated 9.1.2007 and 29.9.2006. By virtue of the order of 29.9.2006 the District Consumer Forum has directed the UPPCL to send the bill to the appellant for payment. Subsequently vide order of 9.1.2007 the District Consumer Forum issued a recovery certificate for Rs. 47,979 to be recovered as arreares of land revenue. In short the factual matrix of this litigation may be narrated as follows:

(2.) THE authorities of the UPPCL raided the appellant's premises on 15.2.1990 and lodged an F.I.R. with the allegations that the consumption of the electricity was being made in an unauthorized manner which amounted to theft. A complaint case was filed against the appellant whereupon he was put on trial and charged. However, the said criminal proceedings terminated in the appellant's acquittal on the charge of theft. Though the appellant was exonerated yet the troubles, he had come across, were not over. His supply having been disconnected on 15.2.1990 was not restored during the next six months nor it was permanently disconnected as required under Clause 4.38(b) of the U.P. Electricity Supply Code, 2005. It is notworthy that the power supply is yet to be restored to the appellant's premises. During this long period of 16 years the appellant had to undergo a prolonged litigation. He filed his complaint on 1.1.2001 before the District Consumer Forum which had partialy allowed his complaint and directed the UPPCL, vide its judgment of 8.10.2003 to restore the power connection, of course with a rider that the complainant would be liable to pay the minimum charges as prescribed.

(3.) NEITHER of the two parties complied with the said order. When the execution proceedings were pressed into service the District Consumer Forum by means of the two impugned order directed the appellant to pay the arrears of Rs. 47,979.