Tribunals and Commissions

Himat Singh vs PUNJAB STATE ELECTRICITY BOARD

National Consumer Disputes Redressal Commission · Decided on 30 May 2003 · Citation: 2005 1 CPJ 100

HON’BLE JUDGES
H.S.Brar , C.P.Budhiraja , Jasbir Kapoor J.
RESULT
Appeal allowed with costs
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Judgment

4 paragraphs · 546 words
1.

IT is an appeal against the order dated 17.5.2001 of the District Consumer Disputes Redressal Forum, Faridkot (hereinafter called the District Forum).

2.

IT has been stated in the appeal filed by the appellant-complainant (hereinafter called the complainant) that his electricity connection remained disconnected from December, 1998 and was not restored even upto 17.5.2001 i.e., upto the pronouncement of their order of the District Forum. He has stated in his appeal that he remained without electricity for such a long time due to the illegal act of the respondent-opposite parties (hereinafter called the opposite parties), who had disconnected his electric connection. IT is further stated that though the District Forum has held the action of the opposite parties as illegal but a very meagre amount of Rs. 1,000/- as compensation and costs has been awarded. IT has been stated that the order of the District Forum be modified and the costs and the compensation be enhanced from Rs. 1,000/- to Rs. 1,00,000/-. We have heard the learned Counsel for the opposite parties. He has not been able to contest the factual position stated by the complainant in its appeal. After going into the matter, the District Forum while allowing the complaint observed as under: "In the present case, opposite parties have disconnected the electricity connection of the complainant for non-payment of arrears of electricity consumption charged against electricity connection of his father Gurdit Singh which is wrong and illegal. Consequently, disconnection of electricity connection of the complainant by the opposite parties is wrong and illegal and complainant is entitled for direction to the opposite parties for restoration of his electricity connection. Complainant is also entitled to compensation for mental tension and harassment as he and his family suffered for non-supply of electricity to his house and despite his request, opposite parties have failed to restore the electricity connection. He is also entitled for costs of litigation expenses as he has to knock the door of this Forum by filing the present complaint. We, therefore, assess the amount of compensation and costs of litigation at Rs. 1,000/-."

In these circumstances of the case, we find that the compensation and costs awarded by the District Forum is certainly on a very lower side. The complainant remained without electricity for about two and half years due to the fault of the opposite parties. When the District Forum has held that the disconnection of the electric connection the complainant by the opposite parties was wrong and illegal and amounted to deficiency in service, then he should have awarded sufficient compensation and costs.

In view of circumstances of this case we order that the complainant shall be awarded Rs. 10,000/- as compensation for mental tension and harassment suffered by him and his family for non-supply of electricity to his house. However, the award of Rs. 1,000/- as costs of litigation is quite in order. Thus, the order of the District Forum is modified to the extent stated above i.e., the appellant-complainant shall be awarded Rs. 10,000/- compensation for mental tension and harassment suffered by him and his family for non-supply of electricity to his house and Rs. 1,000/- as costs of the litigation. Resultantly, this appeal is allowed with costs, which are quantified as Rs. 1,000/-. Appeal allowed with costs.