D V B Vs. KISHAN GUPTA

JUDGEMENT

(1.) We have heard the learned Counsel for the appellant and have also carefully gone through the documents/material on record. The present appeal filed by the appellant under Sec.15 of the Consumer Protection Act, 1986 (hereinafter referred to 'the Act') is directed against order dated 15.4.2000, passed by District Forum (North West) in Complaint Case No.746/98 - entitled Sh. Kishan Gupta V/s. Delhi Vidyut Board.

(2.) The facts, relevant for the disposal of the present appeal briefly stated are that the respondent Mr. Kishan Gupta had filed a complaint under Sec.12 of the Act, before the District Forum. The main grievance of the respondent/complainant in the complaint, filed before the District Forum was with regard to levy of misuse charges by the appellant. The learned District Forum vide impugned order has allowed the complaint and has passed the order, being impugned in the present proceedings. It has been held by the District Forum in the impugned order that procedure for levy of misuse charges and for the disconnection of electricity as prescribed under the Statute was not followed. The operative portion of the impugned order reads as under : "as per this procedure laid down for carrying out/conducting-inspection/raids (Section XXV, Application of Tariff) copy of the inspection report is to be handed over to the consumer or his/her representative present at the time of the inspection and his/her signatures have obtained as token of having received the same. In case of refusal to receive it, the same is to be affixed at some appropriate place. In case no responsible person is available the inspection Report be posted under registered (AD) within five days of date of inspection. But in the present case the above procedure was not followed at all. No report of the MRI was given to the complainant or his representative at the time of inspection. Instead the notice was sent after 6 months which is a clear violation of the procedure laid down for carrying out inspection etc. Even the electricity supply was disconnected without giving 7 days' notice in writing which is mandatory as per Sec.24 of the Indian Electricity Act, 1910. Since proper procedure was not followed in this case the action on the part of the officials of the respondent-DVB in levying misuse charges on the basis of the report of Meter Reader inspection and subsequent disconnection of electricity for non-payment is not only arbitrary but unjustified also. The demand raised on the basis of inspection report of MRI is as such quashed. The respondent is, therefore, directed to withdraw the levy of misuse charges against K. No.364410 from the date of its levy and restore the electricity after payment of normal dues on the basis of actual consumption. The respondent is also directed to refund the amount of Rs.5,500/- with 12% interest per annum from 11.8.1994 till its payment and also pay compensation of Rs.2,000/- for mental agony and harassment alongwith Rs.1,000/- as cost of the complaint. The aforesaid directions be implemented within a period of 30 days failing which action under Sec.27 of the Consumer Protection Act, will be taken against the respondent. "

(3.) In our opinion, the order, being impugned in the present proceedings suffers from no infirmity so as to call for any interference by this Commission in exercise of its appellate powers. The present appeal, filed by the appellant is, therefore, devoid of substance. Accordingly, the same is dismissed in limine with no order as to costs.