MITKARI V B vs MAHARASHTRA STATE ELECTRICITY CO LTD

-THIS appeal is filed by org. complainant aggrieved by the inadequate compensation granted by Addl. District Consumer Forum, Thane.

WE need not discuss the facts in detail. Suffice it say that the appellant had filed consumer complaint No. 333/2005. It was contested by M. S. E. D. Co. and ultimately for deficiency in service complaint was allowed partly by the Additional District Consumer Forum, Thane. O. P. was directed to pay interest @ 9% p. a. on the total mount of Rs. 6,000 for a period 12. 1. 2004 to 5. 5. 2004 and was further ordered to pay Rs. 5,000 as compensation. The complainant had prayed compensation of Rs. 50,000 and aggrieved by the inadequate compensation granted by the Forum below, the complainant himself filed this appeal. The Forum below recorded finding that without obtaining prior permission of the complainant, O. P. removed the meter and disconnected the electric supply allegedly for non-payment of certain partly amount of bill. It was the case of the complainant that due date for payment was 20. 1. 2004, the meter was removed from his premises on 12. 1. 2004 for being faulty/for non-payment of bill. The Forum below recorded finding that removal of meter from the premises of the complainant/appellant herein was amounting to deficiency in service. No notice was given. Under the Rules framed by the Maharashtra State Elecricity Regulatory Commission under the provisions of Electricity Act, 2003, notice is required to be given to the consumer before disconnection of electricity supply. The submission of the O. P. that notice of disconnection was given in the bill itself, so, no separate notice for disconnection was issued and same was not found favour by the Forum below. Therefore, the Forum below held that there was clear-cut deficiency in service in disconnecting the electric supply of the complainant without giving prior notice and also in removing the meter in a highhanded manner. It also noted that O. P. failed to establish any valid reason for removal of meter even before the due date of bill or if the said meter was removed for checking it, then why no replacement meter was given and why the complainant was made to pay reconnection charges of Rs. 215. It is in the light of these facts the Forum below found fault with the O. P. /respondent herein and allowed the complaint partly but simply awarded inter alia compensation of Rs. 5,000 and hence, org. complainant has filed this appeal.

We heard appellant Mr. V. B. Mitkari in person and Mr. S. G. Patkar, Advocate for the respondent/m. S. E. D. Co.

IT was contention of the appellant that for 20 days from 21. 4. 2004 to 10. 5. 2004 he was severely harassed owing to deficiency in service on the part of M. S. E. D. Co. officials. He was forced to pay both the wrong bills one pertaining to meter reconnection charges and another to exorbitant bill of Rs. 270 on 21. 4. 2004, in spite of submitting Xerox copies of both the payments to the Junior Engineer Mr. Pradeep at Sheerwane Centre, M. S. E. B. Vashi on 21. 4. 2004 itself. So, he claimed compensation of Rs. 1,500 per day for those 20 days. He relied upon the National Commission ruling, which is annexed to pages 42 and 43 of appeal memo in which the National Commission was pleased to grant compensation of Rs. 500 per day in 2003 for the harassment and deficiency in service of the procedure. As such the complainant claimed that in the year 2007 it would be just and proper for the District Consumer Forum to ask the respondent to pay Rs. 750 per day during which period the electricity remained unconnected. In the case of Chandrakant Mahadev Kadam v. Asstt. Engineer, M. S. E. B. , Atpadi and Ors. the National Commission was pleased to allow the Revision on finding that the petitioner/complainant was without electricity for 65 days and compensation awarded by the State Commission was found to be insufficient so it was enhanced to Rs. 33,500 @ Rs. 500 for each day the electricity remained disconnected. The National Commission further observed in this ruling itself that the Members of the Consumer Fora while assessing damages shall put themselves in the position of the complainant as to how he suffered. This judgment is squarely applicable to the facts and circumstances of our case. According to the appellant for four months his electricity connection was discontinued arbitrarily by the M. S. E. D. Co. officials and for last 20 days meter was not refixed and supply was not restored despite the fact that he made all the payments as per demand made by the M. S. E. D. Co. officials. So, it is in the light of this fact, we are finding that the ruling given by the National Commission in Revision Petition No. 604/2003 dated 29. 9. 2003 is squarely applicable. We have no reason to disbelieve contention of the appellant in this behalf. The Counsel for the O. P. did not dispute what was argued before us by the complainant. So, the complainant was left lurching in the dark for four months by the arbitrary and high handed action of the M. S. E. D. Co. officials, Navi Mumbai. We are aware that a consumer if deprived of electricity even for a day, suffers heavily. On account of disconnection, one faces lot of mental tension and mental agony. Owing to non-availability of electricity, one is deprived of watching T. V. and his children suffer badly in their studies. Consumer remaining in darkness for 4 months consecutively is something which cannot be condoned so easily. The respondent''s Counsel could not defend the action of the M. S. E. D. Co. officials in the highhandedness pointed out before us by the appellant herein. The appellant argued the case in person. We are finding much substance in the submission of appellant. Therefore in terms of judgment of the National Commission, we were inclined to award Rs. 500 per day as compensation for the 4 months the complainant was deprived of his electric energy by the officials of M. S. E. D. Co. of Navi Mumbai. But, then his caim for compensation in the Forum below in his complaint was for Rs. 50,000. Therefore, we are inclined to grant Rs. 50,000 in place of Rs. 5,000 awarded by the Forum below. So, it is a fit case for allowing the appeal for enhancement of compensation only, which we rarely do, while deciding appeals. But, this is a case of exceptional nature. So, exceptional treatment will have to be given to this case in which M. S. E. D. Co. officials acted capriciously, vindictively and they tended to harass and insult the complainant, a poor consumer to a far greater extent. Hence, we are inclined to allow the appeal filed by the appellant. As such, we pass the following order: ORDER 1. Appeal is allowed. 2. In the impugned order in Clause No. 3, amount of Rs. 50,000 shall be read as compensation. Rest of the order stands confirmed. 3. No order as to costs. 4. Copies of the order be furnished to the parties.

Appeal allowed.