MAHIPAL SINGH Vs. UNBVNL

JUDGEMENT

(1.) In this revision petition, there is challenge to order dated 13.7.2010, passed by Haryana State Consumer Disputes Redressal Commission, Panehkuia (for short 'State Commission'). Vide impugned order, State Commission allowed the appeal of respondent challenging order dated 4.10.2006 passed by District Consumer Disputes Redressal Forum, Yamuna Nagar (for short 'District Forum').

(2.) Brief facts are that petitioner/complainant tiled a complaint before District Forum on the allegations that he is a consumer of respondent/opposite party, vide electric connection No.Ml/31. He is paying the bills regularly without any default or delay against valid receipts. His electric meter got burnt on 2.2.2006. Respondent was informed firstly over telephone and on the next day by written complaint. Respondent was asked to install a new meter. Petitioner was accordingly asked to deposit Rs.4,700/- on account of cost of meter, which was duly paid. Due to non supply of the electricity, poultry birds of petitioner started dying for want of requisite heat and timely water. Thus, petitioner suffered financial loss in his Poultry business. Petitioner, received a memo dated 11.2.2006, vide which respondent levied a penalty of amount of Rs.5,20,000/- on account of alleged theft. The memo is liable to be set aside as no notice was given to the petitioner before imposition of the penalty. No opportunity or hearing was given to the petitioner. Respondent permanently disconnected the electric supply without the service of notice of 7 days which is required to be served under law. Respondent has failed to inform the petitioner the basis of their calculations. Thus, respondent has acted in a very negligent and deficient manner and have caused harassment, mental agony and financial loss to the petitioner by their act for which petitioner is entitled for compensation. Petitioner prayed for quashing of the memo No.6155. dated 11.2.2006 and to restore the electric-connection no. MI-31 immediately and not to recover the illegal amount imposed him and to direct the respondent to refund the amount, if any deposited by him and pay Rs.4,00,000/- as compensation on account of harassment, mental agony, and loss caused to the petitioner and pay Rs.2,27,000/- along with interest on account of loss suffered by-petitioner due to illegal and deficient act of the respondent and pay Rs. 11,000/- as cost of litigation.

(3.) Respondent in its written statement has pleaded that complaint does not lie as per law, because petitioner himself has admitted that he has been using the direct supply from L. T. Pole adjoining his premises/office building. The connection of the petitioner is small scale category for industrial purposes. Now to save his skin, petitioner has filed present false complaint against the respondent. No body is authorized to use the electric supply without meter, that is, directly from the L. T. Pole. Thus, penalty was rightly imposed upon the petitioner.