Janak Dulari vs Delhi Vidyut Board

-THE present appeal, filed by the appellant, under Section 15 of the Consumer Protection Act, 1986 (hereinafter referred to as ''the Act''), is directed against order dated 4.12.2002, passed by District Forum-III, Janakpuri, New Delhi, in Complaint Case No. 353/2002 entitled Smt. Janak Dulari v. Delhi Vidyut Board.

THE facts, relevant for the disposal of the present appeal, briefly stated, are that the appellant Smt. Janak Dulari had filed a complaint under Section 12 of the Act before the District Forum averring therein that the appellant was the owner of House No. F-160, Uttam Nagar, New Delhi where she was residing and was also running a restaurant. It was stated that in the above said premises four electricity connections with separate meters had been installed. It was stated that the four meters, installed in the above said premises, were running fast and the appellant on noticing the above fact submitted an application along with requisite fees but despite written requests no one visited the premises of the appellant to check and change the defective meters. In the complaint, filed by the appellant, it was prayed that directions be issued to the respondent for replacing the defective meters by new meters and to calculate the consumption of electricity in respect of those meters on average basis. It was also prayed that the respondent DVB be also directed to rectify the bills and not to disconnect the above said electricity connections. THE appellant had also claimed a compensation of Rs. 10,000/-. The claim of the appellant in the District Forum was resisted by the respondent. In the reply/written version, filed on behalf of the respondent, before the District Forum while admitting the installation of four meters in the above said premises it was stated that after the deposit of Rs. 50/-, the requisite fees, by the appellant, the meters in question were got checked and it was noticed that the meters were working almost normally and out of four meters one meter was found slow instead of being fast as alleged. It was stated that there was no deficiency in service on the part of the respondent.

The learned District Forum vide impugned order has held that there is no merit in the complaint, filed by the appellant and on the basis of the above finding has rejected the complaint, filed by the appellant.

FEELING aggrieved, the appellant has preferred the present appeal under Section 15 of the Act. We have heard the learned Counsel for the appellant at length on the question of admission of the present appeal and have also carefully gone through the documents/material on record. On the basis of documents/material on record it is not in dispute that in premises bearing No. F-160, Uttam Nagar, New Delhi four electricity connections with separate meters had been installed by the respondent DVB. It is also not in dispute that the appellant had deposited a sum of Rs. 50/- with the respondent for the purpose of checking the above said meters as to whether the above said meters were working properly or not. It is also not in dispute that soon after receipt of complaint from the end of the appellant, respondent took necessary action and got the meters in question checked/examined through the device of ''Aqua Check Meters'' and it was noticed that the meters were functioning normally. In the presence of the above facts, no fault can be found with the finding of the learned District Forum. The same, as a matter of fact, calls for no intereference by this Commission in exercise of its appellate powers. The present appeal, filed by the appellant is, therefore, devoid of substance. The same merits dismissal. Accordingly, the same is dismissed in limine with no order as to costs. Appeal dismissed.