NESCO Vs. BABURAM BEHERA

JUDGEMENT

(1.) IN this appeal, the appellants call in question the order dated 18.4.2012 passed by the District Consumer Disputes Redressal Forum, Balasore (hereinafter referred to as District Forum) in C.D. Case No. 10 of 2010 directing them to waive out the entire penal bill imposed against the respondent and to pay litigation cost of Rs. 2,000 to him within a period of one month from the date of receipt of the order. Respondent is the complainant and appellants are opposite parties in the aforesaid C.D. Case before the learned District Forum.

(2.) SUCCINCTLY stated, the case of complainant is that in the month of April, 2005, he took electricity connection having Consumer No. 1 -3852/S.I. to his S.I. Unit installed at his village Badadhandi under Balasore District. Since then he was paying the electricity dues regularly as per bills issued by the opposite parties, but surprisingly on 31.3.2009, he received a bill from the opposite parties showing that an amount of Rs. 28,424 was pending against him as arrear. He came to know from the opposite parties that on inspection of his Unit on 11.1.2009, it was found that he was using electricity unauthorizedly, which is a cocks and bull story. Hence, he filed the aforesaid C.D. Case to direct the opposite parties to correct the erroneous arrear bill of Rs. 28,424.

(3.) AFTER going through the pleadings of the parties and the evidence on record, the District Forum held that if at all the complainant was availing power supply to his Unit through hooking, opposite parties ought to have lodged FIR against him, but they had not done so. If the complainant or any of his family members refused to sign on the inspection report, the inspection party could have obtained the signatures of the local public or local Ward Member or Sarpanch, but they did not do so also. Accordingly, disbelieving the allegation of unauthorized use of electricity by the opposite parties, the District Forum passed the impugned order.