VINOD ALIAS BIKRAM Vs. J P SINGH

JUDGEMENT

(1.) This appeal arises out of the order dated 28th January, 1998 passed by District Forum, Samastipur in Complaint Case No.45/1996 dismissing the complaint petition.

(2.) The brief fact of the case is that on 12.11.1993 the complainant applied to the O. P.-respondent (Bihar State Electricity Board) at Dalsingsarai for electric connection on prescribed form after payment of requisite fee. He deposited the security money and service charges required for electric connection on 2.8.1994 and 16.8.1994 respectively. However, in spite of several personal requests, both oral and in writing, electric connection could not be provided to him. Thereafter he filed the complaint case. O. P. appeared and admitted the above facts. Their only contention was that a neighbour of the complainant, namely Natho Das had made protest on various grounds with regard to supply of electric connection to the complainant and also lodged F. I. R. with the D. S. P. , Dalsingsarai. This fact is also not in dispute by the complainant. Due to protest and objection raised by above Natho Das, the O. P. was not in a position to supply the electric connection to the complainant. Thereafter, Assistant Electrical Engineer, Dalsingsarai also lodged F. I. R. against the said Natho Das regarding obstructions made by him in supply of the electric line to the complainant on 7.8.1996. The contention of the O. P.-respondent is that due to these admitted facts the electric line could not be provided to the complainant and this dispute has not been settled as yet and the cases are pending. Therefore, there was no wilful laches or delay on the part of the Electricity Board nor there is deficiency in service.4. The District Forum after considering these facts had come to the conclusion that there was no deficiency in service on the part of the Electricity Board and accordingly dismissed the claim of the complainant. We have perused the impugned order and considered this submission made on behalf of the parties. This fact is admitted that due to protest made by one Natho Das, a neighbour of the complainant and lodging of the F. I. R. with the police the electric connection could not be provided to the complainant. Therefore, the reason in delay of supply of electric connection was beyond the control of the Bihar State Electricity Board for which they cannot be held liable. As such, the District Forum has rightly held that there was no deficiency in service on the part of the respondent-O. P. The dismissal of the complaint, accordingly, was in accordance with the provision of law.5. In the result, we do not find any merit in this appeal which is accordingly dismissed and the impugned order is hereby confirmed. However, there shall be no order as to costs.