SARAB PRAKASH 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 25.11.1999, passed by District Forum No.-I in Complaint Case No. 453/1999, entitled Sh. Sarab Prakash Advocate v. Delhi Vidyut Board & Anr.

THE facts relevant for the disposal of the present appeal briefly stated are that the appellant had filed a complaint before the District Forum under Section 12 of the Act, averring that electric connection bearing No. K-1369960 was installed in his Chamber No. 480, Western Wing, Tis Hazari Courts Complex, Delhi. THE grievance of the appellant, in the complaint filed by him before the District Forum in nutshell was that in respect of the above said electric connection he was receiving inflated and incorrect bills despite repeated requests. It was prayed by the appellant that the respondent be directed to prepare bills according to actual consumption of electricity in the above said electric connection. THE appellant had also claimed compensation for the alleged deficiency in service on the part of the respondent. The claim of the appellant in the District Forum was contested by the respondents. It was stated by the respondents that the appellant was not making payment of electricity bills since May, 1996 though the bills raised for electricity consumption were for minimum guarantee amount. It was also stated that upto to the Billing month of March, 1999, there were arrears to the extent of Rs. 20,440.21 paise against the appellant on account of electricity consumption.

The learned District Forum vide impugned order has held that the appellant has failed to make out a case of deficiency in service against the respondent and, therefore, no substantial relief can be given to the appellant. However, the learned District Forum has given the liberty to the appellant to pay the amount outstanding against him in instalments. The operative portion of the impugned order runs as under : "Respondents have filed statement of Accounts of Bills of complainant since January, 1996 to March, 1996 and same shows that only bill of minimum guarantee amount are being sent to the complainant. Complainant is under a legal obligation to make payment of the minimum guarantee amount irrespective of the fact whether electricity of the same value has been consumed by him or not. No sufficient good reason has been shown by complainant for not making regular payment of his bills since January, 1996. In fact, no payment has been made by complainant of his bill for more than three and half years and there is no justification for the same. Complainant has failed to make out a case of deficiency of service against the respondent and, therefore, no substantial relief can be given to the complainant. Since bills of the complainant has been accumulated to Rs. 20,440.21p. upto March, 1999. We think it will be in the interest of justice if complainant is allowed to make payment of balance amount in five instalments and first four instalments shall be for Rs. 5,000/- each payable monthly and 5th instalment shall be for remaining amount for upto date payment. If complainant deposits first instalment of Rs. 5,000/- within one month for the date of this order, he shall be allowed payment of balance amount in accordance with directions given above and if regular payment of instalments is made by complainant his electricity shall not be disconnected. With the above observations we dismiss the present complaint with no order as to costs."

(Emphasis supplied)

IN our opinion, in the given facts, no fault can be found with the above findings of the learned District Forum. The same calls for no interference by this Commission in exercise of its appellate powers. As a matter of fact, the learned District Forum has given concession to the appellant by allowing payment of the outstanding amount, due to the respondents, in instalments. The present appeal, filed by the appellant, in our opinion, is devoid of substance. The same merits dismissal. Accordingly, the same is dismissed in limine. IN the facts and circumstance of the case the parties are left to bear their own costs. Appeal dismissed.