SHRIRAM GOVINDRAM PUNIAAppella vs Maharashtra State Electricity Board

WE are proceeding to dispose of this appeal at the stage of its admission itself on perusal of the material available in the appeal paper book and on hearing the learned Advocates for the parties as above. (For brevitys sake appellant is hereinafter referred to as Complainant and respondent as Electricity Board).

THE complainant has filed this appeal against the order dated 6th July, 2002 passed by District Forum Thane. As the facts reveal and the same are indeed revealing that the appeal in question is not a proper remedy as such.

It is noticed that the Electricity Board has supplied power to the complainant at his residence associated with installation of a meter. However, the meter was no functioning and, therefore, in the year 1994, the old meter was replaced with new one. The number of old meter was 9010267840 and that of a new 9000733927.

THE complainant was required to approach the District Forum since Electricity Board raised and issued the consumption bills by mentioning old meter number. The complainant, therefore, approached the District Forum with two-fold grievances. Firstly, mentioning of wrong meter number and secondly amounts of the bills were inflated.

THE District Forum examined the matter and as it was satisfied about the replacement of the meter and issuance of the bills, it partially allowed the complaint. It appears that Electricity Board had issued one bill in the meantime being dated 19th September, 1998 for sum of Rs. 11,359/- mentioning new number of the meter and District Forum took note of the same and proceeded to dispose of the complaint ordering quashing of the bills being dated 5th January, 1998 6th May, 1998, and 8th July, 1998 issued by mentioning old number of the meter and directing the complainant to pay the bill dated 19th September, 1998. It would be noticed that the grievance of the complainant as made in the complaint was substantially vindicated by the order of the District Forum.

YET the complainant is required to file this appeal with a grievance that when he went to pay the said bill dated 19th September, 1998 the payment of the said bill was not accepted by the Electricity Board and he was served with letter dated 3rd October, 2002 demanding sum of Rs. 41,335.49. The said notice also threaten the disconnection of the electric supply in the event of non-payment of the bill within stipulated period.

FEW things clearly emerge from the post scenario of the order of the District Forum (i) Conduct of the Electricity Board in not accepting the tender made by the complainant for its bill dated 19th September, 1998 despite order, has not been explained. (ii) Issuance of notice being dated 3rd October, 2002 by the Electricity Board is a separate and distinct aspect and as such providing separate cause of action, which cannot be permitted to agitate in the matter herein.

That being so, we hold that the conduct of the Electricity Board in not accepting the tender made by the complainant as per its bill dated 19th September, 1998 would amount to defiance of the order of the District Forum. We are putting the Electricity Board on notice that the complainant must be allowed to tender the amount of the said bill in compliance of the order otherwise serious notice will be taken for the defiant attitude of the Electricity Board.

We further clarify that if the complainant had any grievance with regard to the bill amount for the period not covered in the bill dated 19th September, 1998, parties will be entitled to seek such remedy as may be advisable. With this clarification as above, appeal herein stands disposed of. Misc. Appl. No. 674/2003 stands disposed of in view of disposal of the appeal. Appeal disposed of.