BANTA SINGH Vs. PUNJAB STATE ELECTRICITY BOARD

JUDGEMENT

(1.) It is an appeal against the order dated 7.10.1999 of the District Consumer Disputes Redressal Forum, Bathinda (hereinafter called the District Forum ).

(2.) Briefly stated the facts are that the appellant Banta Singh, complainant before the District Forum (hereinafter called the complainant) had filed an application under Sec.25 of the Consumer Protection Act, 1986 (hereinafter referred to as the Act) to the effect that he had filed Complaint No.228 on 24.5.1995 against the respondent Punjab State Electricity Board opposite party (hereinafter called the O. P.) before the District Forum under Sec.12 of the Act against disconnection of electric supply and for claiming compensation etc. with regard to electric connection Account No. SP-26 and the said complaint was accepted vide order dated 19.4.1996 by the District Forum vide which the opposite party was directed to restore the electric connection of the complainant immediately if not restored earlier and to pay compensation of Rs.100/- per day with effect from 9.5.1995 till the date of restoration. However, the District Forum had not determined the date of restoration of the electric connection of the complainant. The complainant had filed an appeal before the State Consumer Disputes Redressal Commission, Punjab, Chandigarh (hereinafter called the Commission ). The Commission vide its order dated 29.8.1996 had enhanced the compensation to Rs.150/- per day with the observation that the date of re-connection of the electric connection was not available on the record of the District Forum so the date would be determined during execution proceedings. The complainant prayed that the date of restoration of the electric connection be determined and compensation at the rate of Rs.150/- per day till the date of reconnection be got realised and paid to the complainant.

(3.) The opposite party in its reply stated that electric connection of the complainant was restored on 29.6.1995 vide RCO No.63/14232 dated 20.6.1995 and the compensation as awarded by the District Forum duly complied with and cheque No.046146 dated 31.5.1996 amounting to Rs.6,100/- was presented before the District Forum to be given to the complainant. The amount of compensation enhanced by the Commission was also deposited vide cheque No.892849 dated 14.11.1996 amounting to Rs.3,050/-. It was further submitted by the opposite party that the amount so deposited by the opposite party was Rs.500/- more than actually payable as per order of the District Forum and the State Commission due to clerical mistake. The District Forum after hearing the Counsel for the parties and after going through the record of the case, dismissed the application. Hence, the appeal.