Legal Question in Consumer Law in India
opposite party issued a memo demanding rs.30000as fine upon the consumer for recovery . in memo opposite party mentionedthe cheking party found that consumer was having excessive load 12.5 and santioned load of the consumer was 5.0. consumer/complainant chellange the illegal,against facts,null and void memo before the district consumer fourm narnaul . prime facie fourm restrain opposite party from disconnect the electricity connection of the complainant. in complaint it was mention that opposite party has issued the memo against the facts and they have not found anything wrong. in the complaint it was also mention by the complainant opposite party not supply him copy of inspection report on which memo issued . but at the time of argument fourm goes on another way and dismiss the complaint without considering facts of the case and held complainant was having 12.5 load on the connection as shown in the inspection report of the cheaking party and in the affidavit of cheaking party. nathing was proved about inspection before the fourm by the opposite party,nor motar of 12.5 was produce before the fourm as case property ignoring this fact fourm held consumer was taking load of 12.5 at the time of cheaking as mention in affidavit of the cheaking party,and allow opposite party to recover the amount of memo from the complainant. aggrived from the order complainant filed appeal before state commission for consumer panchkula haryana . in appeal also commission without appling its mind dismiss the appeal in limni on the ground that complainant not denied the facts motar
was not of 12.5 bhp in this complaint fourm, commission not understand that the burdan of prove is on the opposite party that at the time of cheking load on the connection was 12.5 and wronglly allow opposite party to recover the amount from the complainant. in this situation what remady is avilable to the complainant
1 Answer from Attorneys
You may consider the remedy of Revision before the National Commission. However, since the amount involved may be small as compared to litigation cost, you may consider an amicable out of court settlement.
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