DELHI VIDYUT BOARD Vs. HARJINDER SINGH ARORA

JUDGEMENT

(1.) The present appeal, filed by the appellant under Sec.15 of the Consumer Protection Act, 1986 (hereinafter referred to as "the Act"), is directed against order dated 22.1.2002, passed by District Forum No. III, Janakpuri, New Delhi, in Complaint Case No.1566/2000 - entitled Shri Harjinder Singh Arora V/s. Delhi Vidyut Board.

(2.) The facts relevant, for the disposal of the present appeal, briefly stated, are that the respondent, Sh. Harjinder Singh had filed a complaint under Sec.12 of the Act before the District Forum averring that the complainant was a consumer in respect of electricity connection bearing K. No. JP-802-1358084 and was receiving normal bills in respect of consumption of electricity which were being paid by him in time. It was stated that in May, 2000, the respondent received an excessive bill for Rs.20,892.69 for the commercial use of the electricity without any prior notice. It was stated that on inquiry, the respondent was told that misuse charges in respect of the above said electricity connection had been levied w. e. f.1997. It was stated that on coming to know the above fact, he made a representation and also deposited a fee of Rs.50/- on 10.7.2000 for the inspection of the premises. It was stated that after the premises was inspected and the officials of the respondent were satisfied that there was no misuse, the misuse charges were waived w. e. f.10.7.2000. In the complaint filed by the respondent it was prayed that the appellant be directed to withdraw the demand raised in May, 2000 and charge at the normal rates as per consumption.

(3.) The claim of the respondent in the District Forum was resisted by the appellant and in the reply/written version filed on behalf of the appellant, it was stated that misuse of electricity was detected by the functionaries of the appellant on 15.5.1998 and the show cause notice was issued to the respondent on 11.8.1998 for levy of misuse charges w. e. f.15.11.1997. It was stated that no reply was given by the respondent to the above said show cause notice and thereafter misuse charges were levied w. e. f.15.11.1997 to May, 2000 which were reflected in the bill issued in May, 2000. It was stated that on a representation made by the respondent, the misuse charges were withdrawn from 20.7.2000.