NIRANJAN Vs. EXECUTIVE ENGINEER HYDEL

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 29.3.1996 passed by District Consumer Forum, Etah in Complaint Case No.37/1994. The facts of the case are as follows.

(2.) The complainants S/sri Niranjan, Nathu Ram, Ram Swarup, Lala Ram, Surajpal, Vijaya Pal Singh and Gopi Ram have together filed a complaint before the District Consumer Forum alleging that they had applied for electricity connection for domestic consumption after completing all the formalities including the deposit of the amount required by the opposite party. Inspection of the site was also done by the officials of the Electricity Board. The opposite party was approached a number of times but the connection was not provided. Complaint to this effect was also made to the District Magistrate on 7.12.1993. Instead bills of electricity consumption were raised against them which resulted into mental torture to the complainants. Each one of the complainants have prayed for award of Rs.1,000/- as compensation and quashing the amount of the bills raised.

(3.) In the written version before the District Consumer Forum, the U. P. State Electricity Board, opposite party, had admitted that the complainants had applied for electric connections and after inspection of the site, connections were provided to the complainants. On the basis of the orders passed by the District Magistrate earth wire was also installed in respect of each connections. An assurance was given to the complainants that in the absence of meters direct connections could be provided to them, and therefore, direct connections were given and bills were accordingly raised. However, the payment was never made by the complainants. Other residents of the vicinity have installed the meters and are using electricity. The complaint has been filed with the intention of avoiding the payment which is outstanding against the consumption of electricity given to the complainants by direct connections. The parties filed their evidence before the District Consumer Forum. The District Forum also appointed one of its Member, Smt. Pushpa Upadhyay to inspect the spot and submit the report. On inspection she found that there were electric poles on the spot but the lines to the individual connections had not been laid and connections have not been given from any other line either to the complainants.