U.P.State Electricity Board vs KUNWAR BAHADUR SAXENA

THIS is an appeal against the judgment and order dated 1.4.1999 passed by District Consumer Forum-II, Moradabad, in Complaint Case No. 1033/1993. Briefly stated the facts of case are that the complainant filed a complaint for Rs. 10,000/- as damages and Rs. 1,000/- as cost. According to the complainant he had moved an application to the Electricity Department for replacement of the burnt meter. The complainant alleged that tube lights, bulbs and other equipments were burnt on account of high voltage. The complainant requested the Electricity Board to replace the meter which had become non-functional but nothing was done.

THE opposite party in its written version alleged that the voltage is regulated and sometimes there is fluctuation in voltage on account of technical fault. THE burnt meter was replaced on 4.3.1994. Parties led their evidence before the District Consumer Forum who after considering the facts of the case directed the Electricity Board to pay a sum of Rs. 10,000/- as damages alongwith Rs. 1,000/- as cost to the complainant.

Aggrieved against this order the opposite parties have come in this appeal.

WE have heard the arguments of the Counsels for the parties. Learned Counsel for the appellant has argued that on account of high voltage the complainant is not entitled to claim any damages. According to the learned Counsel on account of some technical fault voltage sometimes exceeds the specified voltage. Learned Counsel argued that burnt meter of the complainant has already been changed on 4.3.1994. It has already been held by the National Commission as well as this commission that on account of high voltage damages cannot be allowed. In the case of Travancore Oxygen Limited v. Kerala State Electricity Board, reported in I (1997) CPJ 17 (NC), it has been held that "there is nothing in the complaint case to show that there was any wilful action on the part of opposite party resulting in the alleged voltage fluctuation to the complainant. In the fact and circumstances of this case we are unable to deduce any deficiency in the service on the part of opposite party. In view of the facts stated above the appeal is liable to be allowed. ORDER The appeal is allowed. The judgment and order passed by District Consumer Forum Moradabad are set aside. The complaint is dismissed. Let copy as per rules be made available to the parties. Appeal allowed.