Uttarakhand State Commission Dismisses Deficiency In Service Complaint Against Uttarakhand Power Corporation

Brief Facts of the Case

The complainant took an electricity connection from the Uttarakhand Power Corporation after depositing three times the security amount. Later, the Power Corporation disconnected her connection without notice and removed the meter. The complainant informed the officials, but they took no action. When the department refused to reconnect the supply, she filed a complaint before the District Commission. The District Commission allowed her complaint and directed the corporation to restore her electricity connection within one month. It also ordered a compensation of ₹2,000 for the inconvenience caused.

Contentions of Uttarakhand Power Corporation

The Power Corporation argued that the complainant got the connection by declaring herself a tenant and agreeing to disconnection if disputes arose. She did not pay the electricity bills. A local ashram informed the department that she had misled them and was not a legal tenant. They also said her husband was involved in electricity theft and had dues pending from an earlier connection. The Corporation said she never disclosed these facts while applying. They filed a police complaint against her husband. The Corporation claimed it disconnected the connection due to concealment of facts, theft involvement, and pending dues, and argued there was no deficiency in service.

Observations by the State Commission

The State Commission found that the electricity connection was granted based on a written assurance that the complainant was a tenant of the premises and that no dispute existed with the property owner. However, it came to light through the complainant's own affidavit that a tenancy dispute was pending in court at the time of application. The Commission also noted that the complainant's spouse had a previous electricity connection in his name, which had been disconnected due to electricity theft, and a police complaint had been filed. Significant dues amounting to over one lakh rupees were still outstanding on that connection. Despite this, the new application made no mention of these facts. Letters from local ashram authorities confirmed that the applicant was not a legal tenant and had obtained the electricity connection by suppressing facts. The Commission found this to be a clear case of misrepresentation and concealment of material information.

As for the District Commission's direction that a show-cause notice should have been issued before disconnection, the State Commission disagreed. It held that in cases involving fraud, concealment, and electricity theft, there is no legal requirement to issue a notice before disconnection. The department had acted within its rights to disconnect the supply.

The Commission concluded that the District Commission had overlooked critical facts and legal principles. As a result, the appeal was allowed, the District Commission's order was set aside, and the consumer complaint was dismissed.

Case Title: Uttarakhand Power Corporation Ltd. & Anr. Vs. Smt. Sudeshna Devi

Case Number: SC/5/A/5/2019

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