MAHINDER PAL JAIN vs Delhi Electric Supply Undertaking

BRIEF facts of the case are that the appellant has been having two electric connections No. 308086 (power) and 304724 (light). It appears that on 10.3.1983 an inspection was carried out by the officials of DESU and they reported certain irregularities with regard to the connected load and the use in contravention of conditions of supply. Misuse charges i.e. normal charges with surcharge was levied. It further appears that the appellant challenged the levy of surcharge in the Civil Court. The suit was decided in his favour on 14.12.1988. The grievance of the appellant was that inspite of decision of the Civil Court the bills continued to be raised arbitrarily and the same were excessive, not based on meter reading regarding actual consumption. His further case was that he was not liable to pay the minimum charges on the basis of sanctioned load and the supply had been dis-connected on the ground of non-payment of bills without serving the mandatory show cause notice. The appellant filed a complaint before District Forum-I on 26.9.1991. The case was contested. The power connection was restored on appellant''s depositing Rs. 4,000/- on 12.12.1991 in compliance with the direction of the District Forum. The light connection was restored on complainant depositing Rs. 1,204/-. The District Forum held that the light connection had been restored within one week of the deposit of the bill and the power connection had been restored in compliance with the order of the District Forum and there was no deficiency in service. It was further held that the complainant failed to lead any evidence to show that the bills were incorrect or excessive or were not based on meter reading. With these findings the complaint was dismissed. Aggrieved by the order, the complainant has preferred this appeal.

THE appeal was dismissed by this Commission on 15.3.1994 on the ground that the same had been filed without a certified copy of the order appealed against. THE order of dismissal was, however, set-aside by the National Commission by its order dated 14.12.1994. THE case was remanded for disposal according to law. Mr. S.L. Trisal, Advocate for the respondent, after seeing the relevant records, conceded before us that dis-connection dated 28.11.1990 and subsequent dis-connection carried out on 7.6.1994 were without serving the mandatory show cause notice u/Sec. 24 of the Indian Electricity Act, 1910 in which atleast seven days'' notice in writing is necessary before cutting off the supply in case the consumer neglects to pay the bills. The concession made by Mr. Trisal is sufficient to allow the appeal and direct restoration of both the connections. The question still survives as to how the appellant can be suitably compensated for the hardship suffered by him on account of illegal dis-connection of power and light connections. The first dis- connection was carried out on 28.11.1990 which was restored on 12.12.1991 in compliance with the direction of the District Forum. The light connection was also dis-connected on 28.11.1990 and the same was restored within one week of the deposit of the revised bill of Rs. 1,204/- by the complainant. Both the connections were, however, again dis-connected on 7.6.1994 and they have remained dis-connected till date. Keeping in view the totality of facts and circumstances we are of the view that an amount of Rs. 5,000/- would meet the ends of justice.

We, therefore, allow the appeal, set-aside the order of the District Forum-I, direct the respondent to restore both the power and light connections aforesaid as soon as possible on receipt of a copy of this order and in any case within four weeks from the date of receipt of a copy of this order. The respondent is further directed to pay Rs. 5,000/- on account of compensation and Rs. 1,000/- as costs to the complainant within 30 days failing which the respondent is liable to be proceeded against u/ Sec. 27 of the Consumer Protection Act. A copy of this order be communicated to both the parties as well as District Forum-I. Appeal allowed with costs.