SYNDICATE BANK vs Bharat Appliances Corporation

THIS order shall dispose of two Appeals No. 202 of 1995 filed by the District Consumer Welfare Organisation v. Haryana State Electricity Board and the Cross Appeal No. 210 of 1995 filed by the Haryana State Electricity Board, against the order dated 28th of March, 1995 passed by the learned District Forum, Bhiwani.

COMPLAINANT -Vikrant applied for electricity connection for his tubewell in his land situated in village Bidhwan, Tehsil Siwani on 1st of September, 1992. Number of persons had already applied for the tubewell connection much earlier to the complainant and he had his priority number at the bottom of the list of the applicants. He wanted to avail out of turn connection facility, provided by the H.S.E.B. to those applicants, who could afford to provide for the necessary installation material to the Electricity Board. According to the instructions, by availing this facility, the material which was not available with the Board was to be purchased by the applicant at his own expense and by utilising the same, the connection was to be installed by the Electricity Board. The complainant supplied the material worth Rs. 37,331.15 paise, whereupon the H.S.E.B. released the electricity connection. Having got the connection on priority basis by availing the facility of installation of connection by providing ones own material, the complainant turned round to file the complaint against the Electricity Board for claiming the refund of Rs. 45,000/ - alleged to have been spent by him on the release of connection. In reply, the H.S.E.B. admitted that the material worth Rs. 37,331.15 paise was purchased by the complainant and was utilised for the installation of the electricity connection to his tubewell, as it was the well known practice prevalent in the Electricity Board, which had been recognised by the Electricity Sales Manual. Learned District Forum, however, allowed the complaint and directed the H.S.E.B to refund the amount of Rs. 37,331.15 paise to the complainant or to adjust the same in the future bills of electricity chargeable against the complainant. Costs of Rs. 500/ - was also awarded against the Board.

BEFORE us, in this appeal learned Counsel for the H.S.E.B. has vehemently contended that an applicant for the release of electricity connection is entitled as a matter of right to have the electricity connection on his turn. But if an applicant insists of having electricity connection out of turn, the H.S.E.B. release the electricity connection provided the applicant spends for the necessary installation material. Learned Counsel further contended that once the material has been provided by the applicant and the Board utilises the same in the installation of the electricity connection to the tubewell of the applicant, notwithstanding the cost of the service line having been paid for by the consumer, the whole of the service line together with the wires, meters and other apparatus shall become the property of the Board. Reliance in this behalf has been placed on Condition No. 12 ''Service Connection'' and Instruction No. 13 regarding issue of demand notice etc., which are reproduced as under: ''Condition No. 12 ''Service Connection'' Service lines shall be laid by the Board from any of the Boards distributing supply lines, and the consumer shall at his option, either pay on demand the cost of service line and service equipment other than the meter or pay a monthly rental as prescribed in the Schedule of service charges.

The main fuses shall be provided installed and sealed by the Board free of cost.

Notwithstanding that the cost of the whole or part of the service line may have been paid for by the consumer the whole of the service line together with any wires meters and other apparatus belonging to the Board on the consumers premises shall be and remain the property of the Board and shall be maintained by the Board.''

''Instruction No. 13 x x x x x x x (iv) If a consumer comes forward to provide the funds or the materials (due to lack of which the issue of demand notice has been stopped) required for giving the connection to him, demand notice may be issued and connection given even out of turn.''

WE find merit in the contention of the learned Counsel for the Electricity Board -appellant. Once the applicant (Vikrant) entered into the agreement for the installation of electricity connection and spent the requisite amount in supplying the necessary material for the installation of the connection, he could not later on turn round and approach the District Forum for the refund of the amount spent by him. It is obvious that had he not spent the amount in providing the necessary material, he would not have got the electricity connection out of turn. In view of the aforesaid factual position, the appeal filed by the H.S.E.B. deserves to be accepted. Consequently, the appeal is accepted, the order of the learned District Forum is setaside and the complaint is dismissed with no order as to costs.

SO far as the cross appeal filed by the District Consumer Welfare Organisation is concerned, the same shall also stand dismissed, as the complaint itself has been dismissed. Ordered accordingly.