HARYANA STATE ELECTRICITY BOARD vs S.KAILASH YADAV.

THE Haryana State Electricity Board appeals against the order of the District Forum, Rewari allowing the complaint preferred by the respondents.

THE complainants had averred that they were owners of agricultural land in village Kundal, Tehsil and District Rewari and had applied for two electric connections in the names of Smt. Kamla Yadav and Shri Kailash Yadav. It was alleged that the respondent-Board''s officials released connections without caring for the priority number to the detriment of the complainant''s turn and on representations being made against such partiality only one connection in favour of Smt. Kamla Yadav at village Kundal was released. THE said Smt. Kamla Yadav had died and the land had been mutated in favour of the Hindu undivided family. Since no bills were raised with regard to the electricity connection aforesaid, the complainants made enquiries from the Board''s officials and were surprised to learn of their stand that no connection is running in the name of Smt. Kamla Yadav and the same pertained to Shri Kailash Yadav. THE firm stand was that in fact neither any well nor any tubewell room stands on the land of Kailash Yadav and therefore, no question of any release of a connection to him or bills with regard thereto could arise at all. It was the firm stand that in fact the well in the land of Kailash Yadav was not excavated till June, 1992. THE case laid was that no bill in the name of either Kamla Yadav or H.U.F. was raised right upto the 15th of October, 1992 and written complaints were made seeking the submission of the said bills for requisite payment. To the complainants'' surprise they received the first bill relating to the electricity connection KLG-281 on the 29th of October, 1992 in the name of Smt. Kamla Yadav for Rs. 9,759.55 without any details. However, by a communication dated 21st of October, 1992, the Junior Engineer of the H.S.E.B. raised a demand of Rs. 7,890/- pertaining to the alleged connection No. KLG-178 in the name of Kailash Yadav. THE firm plea was that since no electric connection at all had been released in the latters name, no question of payment therefor could arise. On notice being issued the plea taken on behalf of the appellant Board in their reply was that a connection in the name of Smt. Kamla Yadav was released on the 5th of January, 1987. Surprisingly, no averment with regard to the release of any electric connection in favour of Kailash Yadav was made. It was however, denied that there was no room or any well existing in the land of Kailash Yadav and it was pleaded that the demand notice was sent to him on the 18th of September, 1986 and he had submitted the test report on the 20th of September, 1986 and his name was entered at serial number 217 dated the 22nd of September, 1986. It was pleaded that the billing in the name of Smt. Kamla Yadav could not be started due to some oversight because her name was not entered in the ledger at all. Therefore, the demand against her was sought to be justified as also the one raised against the name of Shri Kailash Yadav vide KLG No. 178.

The parties led evidence in support of their cases. The District Forum on the basis of the material before it came to the conclusion that a balance amount of Rs. 4,848.80 paise remained with regard to the electric connection in the name of Smt. Kamla Yadav but as regards the other connection No. KLG-178 purporting to be in the name of Kailash Yadav, the same was never released and there were no dues therefore. Consequential relief was therefore, granted on that basis.

MR. Ram Kishan, the authorised representative of the appellant was somewhat at a loss to pose any serious challenge to the order under appeal. It was sought to be argued that because a demand notice was issued in the name of Kailash Yadav and he had submitted his test report way back on the 20th of September, 1986, there must necessarily have been the release of a connection in his favour and he was liable to be billed accordingly. We are unable to find any modicum of merit in the aforesaid submission. It is well-known that the release of electricity connection is not automatic on the submission of a test report and invariably long delays do occur betwixt the two. What is of significance is the fact that admittedly, no bill for electricity charges in the name of Kailash Yadav was at all produced by the appellants on the record. In this context, the appellants'' own averments in their reply merit notice in extenso. In paras 4 & 6 thereof it was in terms stated as under : - " xxx The billisng to Smt. Kamla Yadav could not be started due to oversight as the S.C.O. was not entered in the ledger erroneously, xx xx xx xx xx xx xx xx 6. Para No. 6 of the petition is admitted to the extent that no bill could be issued due to oversight to Smt. Kamla Yadav as the S.C.O. dated 25.11.1986 was not entered in the ledger erroneously."

EQUALLY significant is the fact that no other document was adduced either to indicate that there had been any consumption of electricity according to the meter. On behalf of the respondents Mr. Deepak Yadav was categoric in his submission that in fact no connection had been released in the name of Kailash Yadav and indeed it could not be so because of the fact that there was neither any well bored in the land of Kailash Yadav nor any Kotha or construction for the tubewell till 1992. The firm stand taken was that only one connection had been issued and the alleged oversight with regard to billing in the name of Smt. Kamla Yadav had in terms been admitted by the appellants in the written statement. Significantly, no evidence worth the name was Jed on this point on behalf of the appellants. Even when pressed, Mr. Ram Kishan was unable to pin-point any foundational base for his stand. What is then worthy of note is the fact that the appellants had themselves received a representation of Sh. Kailash Yadavand Smt. Kamla Yadav for releasing the agricultural connection with meter in village Kundal, which was duly placed on the record. Had the connection in the name of Kailash Yadav been released, obviously neither any such representation could possibly have been made nor could this have been easily entertained or in any case, could be immediately repelled on behalf of the appellants. All documents and bills placed on the record are indicative of the fact that only one connection was released in the name of Smt. Kamla Yadav and in order to cover up the tracks of having been in default in the release of the second connection, the plea of charges is now being raised after discovering the admitted over-sight with regard to the only connection released. In the light of the aforesaid discussion, this appeal is patently without merit and is hereby dismissed with costs which are assessed at Rs. 500/- only. Appeal dismissed with costs.