Uttarakhand State Commission Dismisses Deficiency In Service Complaint Against Uttarakhand Power Corporation
Pranav B Prem
The Uttarakhand State Consumer Disputes Redressal Commission, Dehradun, comprising President Ms. Kumkum Rani and Member Mr. C.M. Singh, has set aside the order of the District Commission and dismissed a consumer complaint filed against Uttarakhand Power Corporation Limited. The State Commission concluded that there was no deficiency in service on part of the power corporation and held that the complainant had obtained the electricity connection by suppressing material facts.
The appeal was filed by Uttarakhand Power Corporation and its Executive Engineer challenging the order of the District Commission, Haridwar, dated 06.12.2018, which had directed the Corporation to reconnect the electricity supply of the complainant, Smt. Sudeshna Devi, within one month, and awarded her ₹2,000 as compensation.
According to the complainant, she had taken an electricity connection after depositing three times the required security amount. However, the power corporation allegedly disconnected the connection without prior notice and removed the installed meter. Despite informing the officials, no action was taken, and she was denied reconnection. Consequently, she approached the District Commission seeking relief.
In response, the power corporation contended that the complainant had secured the connection by declaring herself as a tenant and furnishing a written undertaking that the connection could be disconnected in case of any future disputes. The corporation stated that the complainant had failed to pay electricity bills. Further, a letter from a local religious institution—Sitamai Ashram—revealed that the complainant was not a legal tenant and had misled the department to obtain the connection. It also disclosed that the complainant’s husband had a prior electricity connection, which was disconnected due to electricity theft, and a police complaint was lodged. Dues exceeding ₹1,20,000 were still pending in that earlier connection. The corporation argued that these facts were intentionally concealed during the new application process.
The State Commission took note of the affidavit submitted by the complainant herself, which admitted that a tenancy dispute under Section 30(2) of the Rent Control Act was pending in court at the time of the electricity connection request. The Commission held that this, coupled with the non-disclosure of her husband's past involvement in electricity theft and the large outstanding dues in his name, constituted clear misrepresentation and concealment of material information.
Rejecting the view of the District Commission that a show-cause notice was necessary before disconnection, the State Commission clarified that in cases involving concealment of facts and fraud, such procedural requirements do not apply. It observed that the Electricity Department acted within its rights in disconnecting the connection once the fraudulent procurement of the service came to light.
The Commission further noted that the complainant had not submitted any proof of payment towards the pending dues or any explanation justifying the suppression of critical information. It emphasized that the District Commission had committed a material illegality by overlooking key facts and legal principles. In conclusion, the State Commission allowed the appeal, set aside the impugned judgment and order dated 06.12.2018 of the District Commission, and dismissed the consumer complaint. No costs were imposed for the appeal.
Appearance
Appellants: Smt. Shashi Yogeshwar, Advocate
Cause Title: Uttarakhand Power Corporation Ltd. & Anr. Vs. Smt. Sudeshna Devi
Case No: SC/5/A/5/2019
Coram: Ms. Kumkum Rani [President], Mr. C.M. Singh [Member]
