IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL WRIT PETITION NO.812 OF 2005 (MS) Uttarakhand Power Corporation Ltd. ………Petitioner. Versus Ombudsman, Uttaranchal Electricity Regulatory Commission & another. ………………Respondents. Mr. B.D. Upadhyay, Advocate for petitioner. Mr. V.P. Bahuguna, Advocate holding the brief of Vinod Nautiyal, Advocate for respondent No. 2. 11th June, 2009 Hon’ble Sudhanshu Dhulia, J. The brief facts of the case are as following: The respondent no. 2, who is a consumer had challenged the bill for the period June, 2004 to October, 2004 before the Consumer Grievance Redressal Forum. The Consumer Grievance Redressal Forum disallowed the application of the Consumer/respondent no.2 and as such he moved a representation before the Ombudsman/ respondent no.1. The Ombudsman vide order dated 2.5.2005 allowed the representation of the petitioner, which has been presently challenged by the Uttaranchal Power Corporation before this Court. The brief facts giving rise to the grievance of the petitioner are as follows: The consumer /respondent no.2 has taken electricity connection form the Uttarakhand Power Corporation bearing Commercial Connection No. KT- 6/140/011661 (sanctioned loan 5KW) and the electricity rates are being charged on commercial rate basis since the establishment is a commercial establishment. In the moth of July, 2003 the normal meter of the consumer was changed to an electronic meter, as was being dong in usual course in the entire are on account of the new policy of the Power Corporation i.e. know as “Accelerated Power Development Programme (APDRP) scheme”. All the same, after few months of the installation of new electronic meter, the said meter was damaged and became out of use, and consequently, the consumer/respondent no.2 moved an application before the Power Corporation to change the meter. The Uttarakhand Power Corporation took five months in changing the said electronic meter. The dispute regarding the bill pertains to these five months during which the electricity consumed by the Consumer/respondent no. 2 could not be metered. The grievance of the petitioner is that whereas the Consumer Grievance Redressal Forum rejected the application of the consumer/respondent, the Ombudsman has allowed the representation of the consumer/respondent no. 2 on the sole ground that the normal meter of the consumer/respondent no.2 was changed into electronic meter, after a few months and thereafter, the calculation which has been done of the five months as per the indication given by the electronic meter, which according to the Ombudsman is wrong. According to the Ombudsman the meter should not have been changed as there was no application of the consumer/ respondent no.2 regarding change of the meter. On this ground, Ombudsman has allowed the representation of the consumer/respondent no.2. In the opinion of this Court, the Obudsman has allowed the representation of the consumer/ respondent no.2 on wholly irrelevant consideration as it was not an issue before the Ombudsman as to why the meter was changed, the meter was changed in consequence of a policy being adopted by the Uttaranchal Power Corporation and there cannot be any grievance about it. Moreover for the period of five months, the bill has been calculated as per the directions given by the Uttarakhand Regulatory Commission, according to which in first three months, the calculation has to be done on the basis of the load being supplied to the consumer and for the remaining two months on the basis of average for previous months when the meter was working. Therefore, the calculation of the bill has been done as per the law as directed by the Uttarakhand Regulatory Commission. There is no anomaly in the same. There is absolutely no ground for interference by the Ombudsman. The Order of Ombudsman dated 25.5.2005 having been passed on wholly irrelevant consideration is therefore bad and liable to be set aside, and is being set aside. The writ petition, therefore, is allowed. No order as to costs. (Sudhanshu Dhulia, J.) 11.6.2009 Rathour