DELHI VIDYUT BOARD vs P. BHATIA

-THIS appeal is directed against the impugned order dated 26.12.1994 passed by District Forum whereby following directions were issued to the appellant: (a) Restore complainant''s electric supply forthwith and pay a compensation of Rs. 100/- for every day''s delay in restoration of the supply. (b) Take all necessary steps to ensure that the supply is not disrupted through illegal trappings in future. (c) Pay a compensation of Rs. 50,000/- to the complainant for the loss suffered by her and for the harassment caused to her for prolonged disruption of supply resulting from gross deficiency in the service arising from gross negligence and deliberate inaction on the part of its employees within one month and to take steps to recover the amount from the concerned officers. (d) Get the loss caused to the O.P. on account of illegal trappings during the last years by a chartered accountant and recover the amount from the staff with whose connivance the trappings took place. (e) Prosecute all the persons identified in the report of the Commissioner for theft of electricity and take all necessary steps in that direction. (f) Report compliance of the directions above by 3.4.1995

THIS appeal projects the malaise of large scale consumption of electricity by way of theft by the illegal and unauthorised colonies, jhuggi clusters, unauthorised factory units cropping up in the city which operates so adversely to the legitimate consumers that due to illegal trappings which go unchecked by the concerned authorities they suffer immensely by way of not getting the electricity for hours together and sometimes the supply gets disconnected. The appellant is one of those consumers who has suffered on account of large scale trappings of the electricity due to theft by the residents of such colonies and factory owners. The appellant has a farmhouse in the Hastsaal village and as many as four electricity connections are in 7 acres of land. It is alleged that residents of unauthorised colonies and factory units are being supplied electricity illegally by the appellant which has caused the burning of 100 KVA transformer from which the electricity was being supplied to the appellant. It was further alleged that with the burning of the transformer, the unauthorised colonies and houses are getting the electricity from another pole which has 400 KV transformer. The appellant in spite of having brought this to the notice of the Chief Engineer of the appellant, the engineer and staff made sarcastic remarks that if electricity is not available to her, she may better shift her residence from this place to some posh locality. This prompted the respondent to serve legal notice leading to the instant complaint before the District Forum.

The appellant vehemently contested the claim of the respondent for compensation and restoration of electricity by taking the plea that it was technically not feasible to lay 800 metre cables to feed the single consumer, specially when the way to lay the cable is not possible and it involves a human risk also. Secondly in case of any feasibility as per appellant policy any alternative and augmentation are fully chargeable to the party.

WITHOUT going into the compulsions, the appellant is working under and without going into the other factors that according to the appellant are beyond their control, we feel that it is the first and foremost duty of the appellant to provide electricity to legally and authorized consumers as the interests of genuine consumers cannot be allowed to be jeopardized at the cost of the unauthorised and illegal residential colonies, factory units who are getting regular electricity supply. The excuse of the appellant about the technical non-feasibility is not acceptable. Even if there is any policy on the part of the appellant by way of any alternative or augmentation which is chargeable to the parties, the appellant can take appropriate steps for the benefit of the consumers but no way can take excuse that since there are large scale trappings made by the large number of illegal residents and factory owners it was not in a position to provide regular supply. Inefficient or indifferent working of the appellant''s staff cannot abjure it from its liability of providing the electricity supply to genuine and legal consumers. However, taking overall view of the matter, we deem that besides restoring the electricity supply, if already not restored within two weeks, the appellant shall also pay a compensation of Rs. 25,000/- to the respondent for the mental agony and harassment, she suffered on account of prolonged disruption of the electricity supply emanating from the gross negligence or connivance amounting to grossest deficiency in service would meet the ends of justice.

THE appellant shall take appropriate action against the officials concerned who are responsible for such a situation. The appeal is disposed of in aforesaid modification of the impugned order. Appeal disposed of.