SHIV KUMAR Vs. KEWAL SINGH

JUDGEMENT

(1.) Brief facts as mentioned by the respondent-complainant in his complaint before the District Consumer Disputes Redressal Forum, Nawan Shahr (hereinafter called the District Forum) are that he was Process Server attached with the Court of Additional Civil Judge (Senior Division), Nawan Shahr. He was entrusted with the summons to be served upon Shiv Kumar, appellant in a case filed by the wife of Shiv Kumar in the Court of Sh. Jagnahar Singh, Sub-Judge 1st Class, Hoshiarpur. The date of hearing in the case was fixed as 9.12.1995. He went to the house of the appellant i. e. husband of Sulakshana Devi agaisnt whom the summons were issued by the Court of Hoshiarpur to effect service upon him. It was alleged by the complainant that when he went to the house of appellant No.1 for effecting service on him, he was maltreated by him and rather was threatened for serious consequences in case he did not oblige him, by making false report on the summons of his non-availability. Since the complainant did not oblige the appellant No.1, so the latter had nursed grudge against him. It is then stated in his complaint that on 4.12.1995, Shiv Kumar, appellant, being an employee of the Electricity Board, came to the house of the complainant-respondent at Nawan Shahr and checked his meter in the presence of the complainant and nothing was found wrong. It is then submitted by him in his complaint that on 5.12.1995, the appellant, Shiv Kumar again visited his house and demanded the receipts of the payment of the bills, which were shown to him. It is then alleged in the complaint that despite all this, appellant Shiv Kumar made a false report of theft of energy and the meter was got changed and the complainant had to bear the charges of the replacement and the bills of consumption of energy prepared on average basis, illegally. The complainant further stated that all this happened only on account of the fact that he could not oblige the complainant in making false report on the summons and thus he suffered this harassment on account of this illegal act of the appellant. The opposite parties, including the appellant, Shiv Kumar, who was opposite party No.1 before the District Forum, when summoned appeared and filed their respective written statements. They denied the allegations made by the complainant about any harassment and about making false report on the summons. However, it was admitted by the opposite parties that a case is pending in the Court at Hoshiarpur between the appellant (opposite party No.1 before the District Forum) and his wife, which was fixed on 9.12.1995. They have also admitted that the appellant inspected the premises of the complainant and removed the meter on 4.12.1995 under the pretext of doubt of theft of energy through a loose glass of the meter. They have stated that the meter was got tested from M. E. , Goraya. It is stated by the opposite parties in their written statements that on receipt of report of M. E. , Goraya, the Board had recovered Rs.175/- as costs of the mirror and Rs.495/- as the cost of the meter, totaling Rs.670/- from the complainant-respondent, which had already been deposited. It is also admitted by them that bill of 8/96 was prepared on the average basis for 112 units. Other allegations have been denied.

(2.) After hearing the learned Counsel for both the parties and going through the record, District Forum allowed the complaint, and ordered Rs.3,000/- to be paid to the complainant-respondent as compensation and it was also ordered that Rs.670/- be refunded to the complainant. Hence this appeal.

(3.) Admittedly, the appellant had inspected the premises of the complainant and removed the meter on 4.12.1995 under the pretext of doubt of theft of energy through loose glass of the meter. Admittedly, the Board had recovered Rs.175/- as cost of the mirror and Rs.495/- as the cost of the meter, totaling Rs.670/-. It is also admitted that the bill of 8/96 was prepared on the average basis for 112 units.