CHALTI DEVI Vs. JAIPUR VIDYUT VITRAN NIGAM LTD.

JUDGEMENT

(1.) THIS appeal arises out of the order dated 19.4.2002 passed by the learned District Forum, Jaipur -I, Jaipur.

(2.) THE facts in brief are that the complainant had disputed a bill amounting to Rs. 452 before the Civil Judge, Jaipur where the parties arrived at a compromise on 23.10.1996 according to which the amount was paid by the complainant. After the compromise again in the bill of October, 1997 the arrear for Rs. 452 plus the penalty thereon was added to which the complainant raised objection. The bill was again amended after deducting Rs. 470, and the complainant was asked to deposit a sum of Rs. 187 only. Suprisingly again in the bill of December, 1997 the amount including the amount of penalty was added and thus Rs. 488.58 were shown as the arrears. The complainant was forced to deposit this amount failing which he was to face disconnection of the power. The complainant under compulsion paid this disputed amount under protest. These facts are borne out from the record itself which shows the deficiency in service on the part of the non -applicant. We fail to understand how this important factual position escaped from the knowledge of the learned District Forum. During the course of arguments, the learned Counsel for the Respondent could not explain as to why this amount of Rs. 488.58 was again raised in the bill whereas the complainant had already deposited the disputed amount.

(3.) LOOKING all the facts, we find that the complainant is entitled to get back this amount with interest @ 9% per annum plus Rs. 5,000 as compensation on account of mental agony as he has been persuing this matter since 1997+Rs. 2,000 as litigation expenses. We would also like to mention that such a attitude of the respondent cannot be appreciated and suitable action is required to be taken against the person who had been harassing the complainant unnecessarily. Consequently, while allowing the appeal, we grant the complainant the following reliefs: (1) The complainant shall get Rs. 488.58 with interest @ 9% per annum from the date when it was deposited till the date of payment. (2) The complainant shall also get Rs. 5,000 as compensation for mental agony and physical discomfort. (3) The complainant shall further get Rs. 2,000 as cost of litigation. The appeal is disposed of accordingly. Appeal allowed.