DHBVNL Vs. MADAN LAL

JUDGEMENT

(1.) THIS appeal is preferred against the order dated 23.12.2005 passed by the District Consumer Disputes Redressal Forum, Hisar which relates to the penalty of Rs. 20,250 imposed upon respondent -complainant on account of theft of electric energy.

(2.) IT is a case wherein appellant -opposite parties imposed the impugned penalty of Rs.20,250 upon the respondent -complainant on the ground that during checking of his electricity connection bearing account No. M11 -321 the complainant was found committing theft of electricity energy because the electricity connection was released for domestic purposes whereas at the time of checking the complainant was using the electric energy for domestic purposes by running a Atta Chakhi.

(3.) BOTH the parties led evidence in support of their respective claims. On appraisal of the pleadings of the parties and evidence adduced on record, the District Forum came to the conclusion that the single phase connection provided to the complainant cannot ran the Atta Chakki as alleged by the opposite parties and the grinder installed by the complainant, if any, for his personal use which can be run from single phase connection, it cannot be termed that the complainant was using the electricity energy for commercial purposes. With the above observation, the District Consumer Forum issued direction to the opposite parties to adjust the impugned penalty in the future bills of the complainant which was already deposited by the complainant under protest and also to pay compensation of Rs. 20,000 on account of mental agony and harassment and Rs. 2,000 as cost of litigation. Compliance of the order was ordered to be made within two months from the date of order, failing which the complainant shall be entitled to interest 10% p.a. on the awarded amount. Hence this appeal.