U.P.State Electricity Board vs PHOOL SINGH

THIS is an appeal against the judgment and order dated 27.11.1998 passed by District Consumer Forum, Bulandshahr in Complaint Case No. 675 of 1994.

THE facts of the case stated in brief are that the complainant applied for an electric connection to the opposite party on 19.4.1995 for a tube-well. THE opposite party, Electricity Department, gave an estimate for Rs. 900/- which was deposited by the complainant on 3.2.1992 and an agreement was entered into. THEreafter the complainant got the boring done after spending a sum of Rs. 12,000/-. THEreafter a demand of Rs. 945/- was also made as security by the opposite party which was also deposited by the complainant. On 4.6.1994 line order was passed to lay down the line and to energize the line, but nothing has been done so far. Hence the complainant filed the present complaint. The opposite party in the written version has alleged that the complainant has not followed the terms of the agreement. The boring for which the connection was applied for was of 4 inches in diameter while the complainant had done boring of 6 inches diameter. It is admitted that on 3.2.1992 the articles were not available with the opposite parties.

The parties filed evidence before the learned District Forum and after considering the facts of the case, the learned District Forum directed the opposite party to pay Rs. 5,000/- as fine to the complainant. It was also directed that the electric connection be given within two months from the date of the judgment. 18% per annum interest was also allowed. Some other directions were also issued.

AGGRIEVED against the order of the learned District Forum, U.P. State Electricity Board has come in appeal and has challenged the correctness of the order passed by the learned District Forum. We have heard the learned Counsel for the appellant and the arguments of the respondent/complainant who was present on the date of hearing.

LEARNED Counsel for the appellant has argued that when the agreement was entered into, the same was for a boring of 4 inches diameter while when the connection was to be given, it was found that the boring was of 6 inches diameter. According to learned Counsel the connection was applied for 5 horse power which is granted for 4 inches diameter boring. According to learned Counsel for 6 inches diameter boring the connection of 7.5 horse power is required. This fact has been mentioned by the opposite party in the written version. A perusal of the documents will go to show that in the agreement, and when the connection was applied for, 5 horse power was sanctioned by the Electricity Department. An inspection was done by the Junior Engineer on 2.8.1994 when the boring was completed and no motor was put up on the boring. The room of the boring was found to be ''Kutcha'' and there was no electric wiring. This shows that the formalities for giving connection were not completed by the complainant before hand. When the complainant had applied for a 5 horse power connection, he should have got done boring of 4 inches only, but he got 6 inches diameter boring, then he should have moved a fresh application for grant of 7.5 horse power connection. As the same has not been done, the learned District Forum was not justified in decreeing the claim of the complainant. Thus the complainant should execute a fresh agreement for 7.5 horse power connection and thereafter the Electricity Department will energise the connection of the complainant at the earliest. Only this much direction can be given in the present case. The appeal is, therefore, liable to be allowed. Order The appeal is allowed and the judgment and order of the learned District Forum are set aside and complaint dismissed. It is directed that if the complainant applies for a 7.5 horse power connection or reduce his boring to 4 inches diameter, the connection of the complainant be energised as early as possible. There will be no order as to the costs. Let copy as per rules be made available to the parties. Appeal allowed.