ASSTT. ENGINEER ELECTRICAL vs A.PADMANABHA RAO

THIS appeal is directed against the order dated January 30,1991 of the District Forum, Hyderabad in CD. No. 138/90 directing the appellants herein to restore the service connection No. V-9539, which was disconnected on May 9, 1990 and to pay compensation of Rs. 1,000/- to the respondent herein.

THE respondent herein is the complainant before the District Forum, Hyderabad. He obtained eight service connections for providing power supply to eight separate portions of the house, which belongs to him. Each service connection is covered by a separate agreement entered into with the appellants herein. Service connection No. V-8958 was being utilised by a tenant who was in occupation of one of the portions of the house. THE respondent herein has been using service connection No. V-9539. He has been paying electricity charges regularly. Suddenly on May 9,1990, his service connection No. V-9539 was disconnected though he had paid the electricity charges even for the month of May, 1990. Immediately thereafter, though he made representations to the Appellants, power supply was not restored. His case is that he had hired a generator spending Rs. 25/- per day and was also forced to spend for medicines on account of the stress and strain undergone by him due to the disconnection of power supply. THErefore, he filed a complaint before the District Forum, Hyderabad for restoration of power supply and for compensation at the rate of Rs. 100/- per day till the date of restoration of power supply. After repeated representations, the respondent was informed by the appellants that his service connection was disconnected due to the default committed by his tenant in payment of electricity charges in respect of service connection No. V-8958 for more than four years. There is no dispute that the supply of energy to the respondent through domestic service connection No. V-9539 was stopped without prior notice to him and without informing him the reason for the disconnection. The appellants defended their action by placing reliance on Clause 32.2 of the Terms and Conditions of supply of Electricity energy, which provides as follows:- "If the amount of any bill remains unpaid within the specified period referred to above, the Board may also, without prejudice to any of its rights under the agreement entered into by the consumer with the Board order for supply of energy to the consumer to be stopped forthwith, without further notice under Section 24 of the Indian Electricity Act, 1910. Supply of energy may be restored if the CONSUMER pays all his dues and the charge for disconnection and re-connection of supply of his energy. Such suspension of supply of energy, shall not relieve the consumer of any of his obligations under the provisions of the Agreement."

The bill shall be paid by a low tension consumer within fourteen days from the date of the bill.

ADMITTEDLY, there was default in payment of electricity charges in respect of domestic service No. V-8958, for more than four years. Therefore, under Clause 32.2, the appellants have power to stop the supply of energy to the consumer using the domestic service No. V-8958 without further notice. Clause 42.3 of the Terms and Conditions of supply provides that "the Board, may, without prejudice to its other rights cause to be disconnected all or any of the other services of the consumer, though such services be distinct and are governed by separate agreements and though no default occurred in respect thereof." But, this Clause does not specifically provide that the disconnection of the link service can be ordered without notice. The A.P. State Electricity Board shall as far as possible within 15 days after the expiration of each calendar month cause to be delivered to every consumer a bill of charges stating the amounts payable by the consumer. A low tension consumer shall pay the amount under demand within fourteen days from the date of the bill. In the instant case, there was default in payment of electricity charges in respect of domestic service connection No. V-8958 for more than four years. Thus, it is evident that the A.P. State Electricity Board did not take any steps for more than four years either to recover the arrears or to order disconnection of the service connection No. V-8958. It is stated by the respondent that the said service connection was being used by his tenant and that he had no knowledge of the default, committed by him, in payment of the electricity charges. So far as the respondent is concerned, he was using the domestic service connection No. V-9539 and he was regular in payment of the charges. His plea is that the disconnection of his domestic service No. V-9539 for the default committed by his tenant in respect of service connection No. V-8958, of which he had no knowledge, that too, without any notice after keeping quiet for more than four years, amounts to deficiency in service.

THE respondent hired the services of the appellants in connection with the supply of electrical energy. If there is any deficiency in the service rendered, a consumer can make a complaint under the provisions of the Consumer Protection Act, 1986. "Deficiency" means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise. Though the consumer in respect of domestic service No. V-8958 committed default in payment of electricity charges for more than four years, the appellants kept quiet for all those years and did not take any action either for recovery of the arrears or for the disconnection of the power supply in respect of that domestic service. THE terms and conditions of supply provide for the disconnection of the service, in respect of which default has been committed as well as disconnection of all or any of the other services of the consumer though no default occurred in respect thereof. Clause 32.3 of the Terms and Conditions of supply specifically provides that without any future notice, disconnection can be ordered if the amount of any bill remains unpaid within the specified period. This clause obviously refers to disconnection of the power supply for the domestic service in respect of which the bill remains unpaid. But, Clause 42.3 which provides for disconnection of all or any of the other services of the consumer though no default occurred in respect thereof, does not provide for disconnection without prior notice. THEre is no dispute that the appellant did not give any notice to the respondent before disconnection of his domestic service No. V-9539, in respect of which there was no default. THE Electricity Board kept quiet for more than four years without taking any action in respect of domestic service No. V-8958. In such circumstances, we are in agreement with the view expressed by the District Forum that there was deficiency in the service. As a result of the deficiency, the respondent suffered injury. The compensation of Rs. 1,000/- awarded by the District Forum cannot be said to be either excessive or unreasonable. Therefore, we do not see any ground to interfere with the order under appeal. The appeal is accordingly dismissed. No costs. Appeal dismissed.