SUPER ENTERPRISES REP. BY NOORALI S/O HABIB BHAI Vs. ASST. ENGINEER (OPERATION) NORTHERN POWER DISTRIBUTION CO., LTD

JUDGEMENT

(1.) The appellant is the complainant. The complainant filed the appeal being dissatisfied with the order of the District Forum allowing its complaint to the extent of waiver of arrears of Rs.5,004.31 and disallowing the relief for compensation and costs as also relief for refund of the amount of Rs.2,125.80.

(2.) The factual matrix leading to filing of the appeal is that the appellants father was doing footwear business which subsequently was closed and business in electrical under the name and style of M/s Super Enterprises was commenced. On 8.11.1997 the appellant complained regarding non-supply of power upon which the line man had inspected the service connection and found that the service wire was damaged due to fall of a neem tree whereon the appellant filed W.P.No.9900 of 1999 in the High Court of A.P. An application for interim relief filed in writ petition was dismissed. The appellant was paying minimum bills during disconnection period. The High Court allowed the writ petition by a direction that the representation dated 11.11.1997 filed by the appellant be disposed of. In compliance of the direction of the High Court, on 26.2.2003 power supply to the appellant premises was restored. The appellant had stopped paying the bill. On 16.3.2004 as the outstanding arrears was Rs.5004.31p, his service disconnected. The total outstanding dues against the appellants service connection after deducting interest on security deposit by 1.5.2004 was Rs.4997/-.

(3.) From the date of restoration of power supply i.e., 26.2.2003 the respondents issued the bill dated 7.4.2004 for Rs.4,805/- which included the dues of Rs.3,954/-. In the subsequent bills, the arrears was included. The appellant submitted a representation dated 19.3.2004 to the respondents for adjustment of the amount of Rs.1976/- to the bills and for deduction of the amount charged during the period of disconnection of power supply. The respondents gave a reply dated 30.3.2004 that the minimum bill during the disconnection period will be issued as per the NPDCL rules. Thereafter the appellant has filed the complaint before the District Forum.