NAND LAL SHARMA Vs. RAJASTHAN STATE ELECTRICITY BOARD

JUDGEMENT

(1.) By the order dt : 16.6.90 the District Forum, Jaipur dismissed the complaint and the complainant-appellant has filed this appeal under Sec.15 of the Consumer Protection Act, 1986 ("the Act" herein)_briefly put the facts leading to this appeal are these :

(2.) The complainant owns a house In the village Khairwal but at present he lives in Janta Colony, Jaipur. The complainant is the consumer of the opposite parties-respondents as he is having electric connection No.5-1-112. Without rendering proper account, the opposite parties issued a bill showing arrears of Rs.1,184.56 and on account of non-payment, disconnected the electricity. The complainant wrote letters to the opposite parties to explain the account but they did not do so. He wrote a letter dt : 22.8.89 but ao clarification was received. He, therefore, filed the complaint on 25.8.89 against the opposite parties praying that they may be directed not to raise the improper demand of Rs.1,184.56 against the complainant and also not to disconnect the electricity. With the complaint, the complainant submitted photo stat copy of the bill for Rs.1,287.74 in which Rs.1,184.56 have been shown as arrears. The opposite parties-respondents submitted version of the case contesting the complaint. It was submitted that the meter of the complainant did not record reading and it remained stopped from March 1986 to August 1988 i. e. for a period of 30 months. The employee of the opposite parties went at village Khairwal several times and it was reported that the meter had stopped. It was pleaded that the complainant has been using electricity regularly and has stopped the meter. It was slated in the version of the case that average of consumption for the months December 1988, January 89, and February 89 were taken and that after taking the average of these three months an outstanding amount of Rs.1,184.56 was mentioned in the bill in question. It was denied that the complainant has been paying the bills regularly. An objection was taken that the complaint is not maintainable. The affidavit of the complainant which was sworn on 7.6.90 was submitted by the complainant. The District Forum by its order dt : 16.6.90 dismissed the complaint. It opined that the meter remained stopped for a period of 30 months and so it was proper for the opposite parties to have sent the bill for arrears pertaining to 30 months on the basis of the average of last three months. An additional reason was given that as the meter was stopped the complainant failed to make any complaint to the opposite parties. Against the dismissal of the complaint, the appeal was filed.

(3.) Arguments were heard on 13.9.90. The appeal was posted for dictation Of order on 14.9.90. On that day learned Counsel for the opposite parties submitted the statement of account relating to average. Dictation of order was deferred as the parties stated that they want to make additional submissions. Additional submissions were heard on 15.9.90. Parties present on that day prayed for one day's time and so the appeal was adjourned. On 17.9.90 the Assistant Engineer submitted a statement showing amounts deposited by the complainant. That was placed on record. On 18.9.90 Mr. Jagdeesh Sharma, Advocate for the complainant-appellant submitted a statement of account about the amounts deposited by the appellant and photostat copies of the bills and chart supplied by the respondent. On 18.9.90 learned Counsel for the appellant submitted an application stating that the complainant-appellant is ready to deposit Rs.300/- with the respondent within one week from that day and will abide by the directions regarding payment which may be given at the time of the final disposal of the appeal in respect of the amount outstanding against him as electricity dues. It was also stated by Mr. Sharma that if any amount is found due it will be deposited, besides the amounts which have already been deposited including Rs.300/- which will be deposited within one week from that day, the appellant shall deposit the amount within one week from the date of the decision of the appeal. A prayer was made on that day that the electric connection which was disconnected on 17.6.90 may be restored. It was ordered that on deposit of Rs.300/- within one week from that day (i. e.18.9.90) by the appellant with the respondent, the electric connection to the complainant-appellant shall be restored within a week from the date of the deposit of the amount. It was recorded on 11.10.90 that the appellant has deposited Rs.300/- as ordered and that electric connection has been restored.