M P ELECTRICITY BOARD Vs. MANJU SINGH CHAUHAN

JUDGEMENT

(1.) The respondent had contracted with the Madhya Pradesh State electricity Board for the supply of 168 KVA electricity load through an agreement in writing which, inter alia, stipulated that on the request of the consumer, namely, the respondent, the load could be reduced.

(2.) On 23-3-1987, the respondent requested the Board for reduction of the maximum contracted load from 168 KVA to 100 KVA. This request was rejected by the appellants by their letter dated 23-5-1987 on the basis of clause 13 (d) of the agreement. The respondent then approached the National consumer Disputes Redressal Commission for damages to the tune of rs 20. 05 lakhs. The claim was contested by the Board which also raised the question of maintainability of the claim petition on the ground that there being a contract in writing between the parties and the discretion having been left to the Board to reduce or not to reduce the load, there was no "deficiency of service" and the claim petition was not maintainable.

(3.) The National Commission by the impugned judgment, while disallowing the claim of the respondent for compensation, directed that the board would bill the respondent from 23-5-1987 to 31-10-1987 on the basis of the maximum power demand of 100 KVA instead of 168 KVA. It is this direction which is challenged before us in this appeal.