ELECTRICAL EXECUTIVE ENGINEER, URBAN ELECTRIC SUPPLY DIVISION vs JAWAHAR PICTURE PALACE

O.P. (Electrical Executive Engineer, Muzaffarpur) is the appellant which has preferred the appeal against the order dated 10.2.1995 passed in Complaint Case No. 416/1993 by District Forum, Muzaffarpur whereby and whereunder the District Forum directed the appellant to issue revised bill on the basis of six months average and shall adjust the amount if paid in excess by the complainant or the complainant shall pay the amount to the Board if it is found due against him.

THE brief fact of the case as per his lengthy complaint petition the complainant has deposited the amount of the bills on several dates sent to him by the Electricity Board and has further deposited the amount for adjustment in the bill of his payment. THE complainant has also deposited the arrear shown in the bill. THE details of the dispute in between the parties are mentioned in the lengthy judgment of the District Forum. From the perusal of the impugned order it is clear that District Forum has held that the case of the parties both of the complainant and O.P. are complicated and related with the accounting matter. However the District Forum passed the impugned order, which has been primarily challenged by the appellant on the ground that direction given to the Board to issue revised bill on the average basis is against the tariff policy and rule of the Board and also against the several decisions of the National Commission and State Commission. From the pleadings of the parties we are of the view that the complicated issue involved in this case with regard to a dispute in between the parties of accounts. We are not in agreement with the finding arrived at by the District Forum on the basis of which it has tried to resolve the dispute of the accounts in between the parties. THE District Forum has taken into account the whole period of dispute in between the parties when prima facie it appears that there is dispute in between the parties with regard to only two amounts i.e., Rs. 11,548.28 and Rs. 15,896.56. After hearing both the parties, we are of the view that the impugned order is not in accordance with the facts on record and accounting has been made by the District Forum is vague, therefore, the impugned order is fit to be set aside. Since the matter involves complicated issue of accouring it is is not possible to decide this issue before the State Commission.

In the result, the impugned order of the District Forum is set aside. The complainant is directed to seek its remedy before the proper Court (Civil Court). With this direction the appeal is disposed. Appeal disposed of.