LAWS(NCD)-2000-1-65

DELHI VIDYUT BOARD Vs. RAM KISHAN SAINI

Decided On January 25, 2000
DELHI VIDYUT BOARD Appellant
V/S
RAM KISHAN SAINI Respondents

JUDGEMENT

(1.) The present appeal, filed by the appellant, under Sec.15 of the Consumer Protection Act, 1986 (hereinafter referred to as "the Act") is directed against order dated 30.12.1999, passed by District Forum No. I in Complaint Case No.1769/98 - entitled Shri Ram Kishan Saini V/s. Delhi Vidyut Board (M. C. D.) Delhi.

(2.) The facts, relevant for the disposal of the present appeal, briefly stated are that the respondent Shri Ram Kishan Saini, had filed a complaint in the District Forum under Sec.12 of the Act, averring that there was no supply of electricity at his residence from 2.00 p. m. on 22.9.1998 till 25.9.1998. It was stated by the respondent in the complaint that the electric supply to his residence could be restored only in the evening on 25th September, 1998 and that too after a number of complaints in writing and contacting the senior officers of the appellant. The respondent, in the complaint, alleged 'deficiency in service' on the part of the appellant and claimed a sum of Rs.30,000/- on account of damages and further a sum of Rs.211/- on account of expenses incurred by him for the purchase of candles and for making telephone calls.

(3.) The claim of the respondent in the District Forum was contested by the appellant. The stand taken by the appellant before the District Forum was that on 22.9.1998, there was heavy rain fall in the area, which adversely affected the electric supply but the breakdown was attended with due promptitude and supply of electricity in the area including the residence of the respondent, was normalised the same day. It was contended that the appellant did not receive any complaint from the respondent regarding non-supply of electricity to his residence between 22.9.1998 to 25.9.1998.