SOUTH WEST DISTRIBUTION CO. LTD. (BSES) vs INDER PAL THAPAR

THE present appeal is directed against the order of the District Forum, Janakpuri, New Delhi dated 20.6.2002, passed in Complaint Case No. 918/2001 - entitled Shri Inder Pal Thapar v. Xen Enforcement (West), Delhi Vidyut Board.

THE relevant facts of the case, in brief, are that the respondent had filed a complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as the Act) before the District Forum praying therein that the FAE bill for the amount of Rs. 18,859/- raised against the connection bearing K. No. PB 012-1280144/T 525/DL on the basis of the Inspection Report dated 2.9.2000 be quashed and the said amount be refunded to the respondent together with interest and compensation of Rs. 1 lakh. The stand of the appellant before the District Forum was that on the basis of the joint inspection carried out by the staff of the appellant on 2.9.2000 it was found that both the half seals of the meter were tampered with and the connected load was found to be more than the sanctioned load and, as such, the bill raised on the FAE basis was legal and correct and, therefore, there was no deficiency in service on the part of the appellant.

However, the learned District Forum on the basis of material on record has directed that the FAE bill be quashed and a fresh bill be raised on the basis of actual meter reading. It has also been directed that the excess amount paid by the respondent be refunded to the respondent with interest at the rate of 10 per cent per annum from the date of deposit till payment. Aggrieved by the aforesaid order the appellant has preferred the present appeal.

WE have carefully perused the documents/material on record, as well as, have heard the arguments advanced on behalf of both the parties at length. It is contended on behalf of the appellant as a preliminary issue that the dispute raised by the respondent in the present complaint filed before the District Forum could not have been entertained by the District Forum under the Act as the same is not a ''consumer dispute'' since the same relates to Fraudulent Abstraction of Energy. So far as the said contention of the appellant is concerned, this Commission has already in the case entitled Delhi Vidyut Board v. D.N. Shukla, Appeal No. 3375 of 2000 (D.S.C.D.R.C.), held that a dispute relating to FAE is not a ''consumer dispute'' and the complainant in such cases is not a consumer, as defined under the Act. Thus, the same cannot be entertained and adjudicated upon by a redressal agency established under the Act. Therefore, for the detailed reasons recorded with aforesaid decision of this Commission dated 19.12.2002 (copy attached), the present appeal, filed by the appellant is allowed and the impugned order of the learned District Forum is hereby set aside. However, the respondent is given the liberty to seek the redressal of her grievances before any other Forum/Civil Court as he may be advised. In the peculiar facts and circumstances of this case the parties are left to bear their own costs. Appeal dismissed.