MAHARASHTRA STATE ELECTRICITY BOARD Vs. SIDRAMAPPA R GAIKWAD

JUDGEMENT

(1.) THE Maharashtra State Electricity Board had filed these appeals against the order of the District Forum in Complaint Nos. 248, 250, 259, 295 and 296 of 1994 passed by District Forum, Solapur, directing the M. S. E. B. to refund Rs. 4, 745/- to each of the complainants out of the amounts of Rs. 4,995/- collected from each complainant. We may indicate that Appeal No. 822 is filed against C/259/94, Appeal No. 823 is filed against C/195/94, Appeal No. 824, is filed against C/250/94, Appeal No. 825 is filed against C/248/94 and Appeal No. 820 is filed against C/296/94. The relevant facts are as follows:

(2.) THE complainants belong to Other Backward Class. They are allotted Block Nos. 40, 47, 25, 52 and 27 in Samrat Ashok Housing Society, Solapur. Complainants are the members of the Society. In 1990, they asked for the electricity connection from the M. S. E. B. and they made applications accordingly. The complainants and other members (47) were given electric connection on the basis of outright contribution scheme framed by the M. S. E. B. The total cost of the scheme was Rs. 1,89,800/- dividing this amount amongst 40 members, the contribution of each member came to Rs. 4,995/ -. These complainants had paid this contribution and accordingly they were provided the electricity connection on the basis of above quotation. Only 5 complainants paid contribution in January, 1990 and they were accordingly provided with electricity connection. These facts do not appear to be disputed. However, by 29-8-1992, the other members were given concession and we allotted electric connection on their deposit of Rs. 200/- only. They belong to Mahar community and that is why, it is alleged they were asked to pay the low contribution of Rs. 200/ -. The complainants therefore, made complaint with the M. S. E. B. in August, 1992, alleging that they should also be charged Rs. 200/- like other flat owners and that refund of Rs. 4,975/- be paid to them. The notice was given through Advocate on 29-11-1993 but there was no response from the M. S. E. B. regarding refund of amount. The complainants have prayed for the refund of the above amount-plus-Rs. 1,000/- by way of compensation for each complainant.

(3.) THE M. S. E. B. took the stand that the complainants were given electricity on the basis of outright contribution. They were given quotation and they paid the amount and were given electricity connection. They had undertaken to abide by the quotation and are thus stopped from making any grievance. The total cost of the scheme was Rs. 1,89,800/- and the contribution of each complainant was not refundable under the existing rules. Only 9 members including the complainants paid the contribution and they were thus, supplied with the electrical energy. Now they cannot ask for refund of the amount from M. S. E. B. It is stated on behalf of the complainants that the complainants sent their caste certificates through the President on 12-8-1992 but the same was not taken notice by the M. S. E. B.