Y N GUPTA Vs. DESU

JUDGEMENT

(1.) The State Commission also held that the disconnection of electric supply by the officials of the Department was effected mala fide in order to harass him. It observed: "We do feel that the Complainant must have suffered mental torture as alleged by him"

(2.) It also found that the Respondent DESU was not entitled-to charge the late fee from the Complainant and the same was liable to be refunded. The State Commission upheld the claim of the Respondent DESU for 10,000 units of energy for the period from 1.1.1986 to 6.12.1988 on the ground that it was a genuine mistake on the part of the Respondent DESU which was detected when the readings of the meter were examined minutely. On the ground of enquiry and to avoid litigation between the parties it allowed the claim of the Respondent for 10,000 units against the Complainant.

(3.) Against the claim for damages for harassment and mental torture amounting to Rs.1,44,000.00 the Commission allowed Rs.7,000.00 only as exemplary damages. It also ordered the refund of late fee charged from him and Rs.2,000.00 as costs.