RELIANCE ENERGY (B.S.E.S. LTD.) vs MIR MOZAM ALI

APPEAL is moved today by and on behalf of the appellants for admission hearing and we proceed to dispose of the same at its threshold itself on hearing the learned Counsel for the appellants and on perusal of the material available before us as we are satisfied that appeal herein does not merit admission. (For brevity''s sake appellant-org. O.Ps. hereinafter are referred to as ''Electricity Board'' and respondent-org. complainant as ''complainant'').

THE Electricity Board has taken exception to the order dated 10th October, 2003 passed by Mumbai Suburban District Forum, Bandra holding it being deficient in the matter of raising and issuance of bills upon the complainant in respect of electricity consumption supplied to him and so holding has ordered compensation of Rs. 4,000/- and cost of Rs. 1,000/-. As stated Electricity Board has challenged the said findings.

The matter herein appears to have chequered past litigative history. It is noticed that the complainant had also approached the Hon''ble High Court in Writ Petition No. 3897/2003 making grievances against the Electricity Board and seeking certain reliefs, which however the Hon''ble High Court has declined to consider and grant while disposing of the petition by its order dated 24th July, 2003 keeping option open to the complainant to pursue his remedy before appropriate Forum.

IT is noticed that the complainant thereafter approached the Electrical Inspector under Indian Electricity Act, 1910 under Section 26, Sub-section (6) in the matter and the Electrical Inspector who probed the matter vide its order dated 12th September, 2002 has held that the bill for sum of Rs. 37,449/- raised and issued by the Electricity Board upon the complainant was improper and has proceeded to cancel the same. The operative clauses of the order of the Electrical Inspector are reproduced herein below: "(1) The consumer''s application is granted. (2) The electricity bill of Rs. 37,449/- charged on the consumer is cancelled. (3) As regard the compensation asked for by the consumer in the said complaint matter; the consumer may make a separate application to the Consumer''s Forum/or to the Court. (4) The previous orders passed in the aforesaid complaint matter are set aside."

It would thus be noticed from the reproduced part of the operative clauses of the order of Electrical Inspector that vide Clause No. (2), the bill in question disputed by the complainant was ordered to be cancelled.

VIDE operative clause No. (3), option is provided to the complainant to approach the Consumer Fora with regard to his claim of compensation and complaint herein filed before the District Forum was sequel to the said direction. It is to be stated that the order of the Electrical Inspector has attained the status of finality as matter rested at that. Before the District Forum it was more or less ritualistic matter for consideration and grant of award since, raising of the bill by the Electricity Board which was cancelled would imply that its issuance was not warranted and proper and which would certainly constitute deficiency in service.

IT is in these circumstances, District Forum has awarded a sum of Rs. 4,000/- as compensation and Rs. 1,000/- as cost and in our view there needs no second thought as far as that aspect is concerned.

ACROSS the learned Counsel for the Electricity Board submitted that when the officials of the Electricity Board went to the premises of the complainant on 20th February, 2003 for compliance of the order of the Electrical Inspector, it was discovered that the complainant having surreptitiously and illegally obtained electrical supply from the main meter which was not permissible and in respect of which complaint has been lodged with the concerned local Police Station on the same date and matter is being investigated by the police. The learned Counsel referring to this commented and in our view may be justifiably upon the conduct of the complainant.

In this regard, there will be two aspects of the matter. Firstly, claim of compensation being the subject matter of the dispute herein pertains to raising of the bill which the Electrical Inspector has proceeded to cancel and which findings as stated earlier, have remained unimpeached.

AS far as subsequent development of theft as alleged by the Electricity Board against the complainant is concerned, we clarify that will be a separate issue and Electricity Board will be within its right to pursue the same and findings of the District Forum in the dispute herein as also our findings in the appeal would not operate as an impediment to the same. With these clarifications, following order: ORDER 1. Appeal stands dismissed. 2. No order as to costs. 3. Copies to be furnished to the parties.

Appeal dismissed.