M P ELECTRICITY BOARD Vs. AKHTAR BI

JUDGEMENT

(1.) THIS appeal is by opposite party, M. P. State Electricity Board which has been directed by the District Consumer Disputes Redressal Forum, Sagar to restore electric supply of the respondent -complainant in respect of her two service connection Nos.070190 and 070191 and to pay Rs.1,000/ - as compensation and Rs.250/ - as costs vide order dated 30.12.2002 in Case No.187/2001.

(2.) THE said two electric connections are in the name of late Abdul Aziz, the husband of the respondent -complainant. Late Abdul Aziz had one more connection in his name bearing service No.050991. Connection No.070191 is for domestic purpose, while the other two are for commercial/industrial purpose. It is also no more in dispute that the electric bills pertaining to former two connection Nos.070190 and 070191 are being paid reguarly by the respondent -complainant and no amount is due to the appellant -Board in respect of these two connections. However, in respect of the third connection bearing No.050991 some litigation is going on between the complainant and one Abdul Jabbar and a huge sum of Rs.25,765/ - was due on the said connection. The demand for payment of the said sum was raised against the respondent -complainant and since the respondent failed to pay the said amount, all the three aforesaid connections were disconnected by the appellant -Board. Feeling aggrieved by the action of the appellant -Board, the respondent approached the Forum below under Sec.12 of the Consumer Protection Act, 1986 attributing deficiency in service to the appellant. The case of the respondent was that she has made no use of the said service connection No.050991 and the amount, if any, due on the said connection was payable by the said Abdul Jabbar, who has unauthorisedly taken possession of the premises of the respondent and carrying on his own business therein using the said electric connection.

(3.) THE appellant -Board resisted the complaint and took the stand that under the law the Board was entitled to disconnect electric supply of the appellant on any or all the service connections held in her name unless the said payment is made. The Forum below allowed the complaint and passed the impugned order as aforesaid.