NASEEM BANO Vs. M P ELECTRICITY BOARD

JUDGEMENT

(1.) This is a complainant's appeal against the order dated 6.8.1998 passed in Case No.145/97 by the District Consumer Disputes Redressal Forum, Indore (for short the 'district Forum') whereby for the deficiency in service in illegally cutting of electric supply on 9.12.1996 inspite of the fact that no dues were outstanding.

(2.) The appellant filed a writ petition on 11.12.1996 against the M. P. Electricity Board for issuance of writ of mandamus which was rendered infractuous as the electric supply was restored on 23.12.1996. Thereafter, the appellant filed a complaint on 10.4.1997 and claimed damages for defamation of Rs.50,000/- and compensation of Rs.15,000/- for mental pain, harassment, inconvenience and Rs.3,000/- expenses incurred in the High Court in filing the writ petition and Rs.500/- as costs of the proceedings. The complaint was resisted. The District Forum after appreciation of evidence recorded a finding that for non-payment of bills of Sheikh Ikabal who was a different consumer having Consumer Service No.228595, the electric supply of the complainant was illegally disconnected, therefore, awarded compensation of Rs.500/-, and Rs.100/- as costs of the proceedings.

(3.) Having heard Mr. M. N. Kamali, learned Counsel for the appellant and Mr. Mohan Chouksey learned Counsel for the respondent. We are of the opinion that the compensation awarded is not just and is low when the District Forum found the M. P. Electricity Board as deficient in service in illegally cutting of electric supply and for restoration of the electric supply the appellant had to approach the High Court, having realised the mistake, the Board restored the electric supply during the writ petition which was dismissed as infractuous. The electricity is a necessity of life which was deprived to the appellant from 9.12.1996 to 23.12.1996, therefore, just compensation would be Rs.2,000/- to which the appellant is entitled.