HARYANA STATE ELECTRICITY BOARD Vs. SANJAY GUPTA

JUDGEMENT

(1.) First Appeal Nos.198 and 207 of 1992 are directed against the same order of the District Forum, Jind. Thereby the complainant-consumer has been awarded a compensation of Rs.4,000/- only against the Haryana State Electricity Board. The learned Counsel for the parties are agreed that this order will govern both these appeals.

(2.) Mr. Sanjay Gupta, proprietor of M/s. Surya Plastics, Jind owns a factory premises at Narwana powered with electricity supplied by the Haryana State Electricity Board. On the 21st of March, 1991, Shri R. N. Jindal, A. E. E. (Mandp) with the accompanying staff checked the electricity meter of the said factory and thereafter informed the complainant that the same was in perfect order. However, he directed the complainant to meet him at his residence at Narwana on that very evening which the latter failed to do. Thereafter, Shri Jindal on the 30th of that very month again visited the factory premises and after checking declared that the electricity meter was running grossly slow to the extent of 44 per cent with the result that the complainant would have to pay as much as a sum of Rs.80,000/- to the department as arrears with effect from April, 1990 upto the date when the meter was changed. Inevitably, this caused a serious shock to the complainant and apprehending further penal action if he continued the factory, he closed the same and consequently suffered great mental agony and harassment.

(3.) The complainant thereafter sought Redressal at the hands of Executive Engineer Mr. Rana at Bhiwani but the latter apparently under the influence or in support of his subordinates refused to take any action. However, his further protestations to the Superintending Engineer Mr. Bhatia met with success and he directed a re-checking of the meter. This was done on 9th April, 1991 but again it was declared that the same was slow to the extent of 12.5% resulting subsequently to the imposition of a penalty to the tune of Rs.8502.73 paise. The complainant however, sought an arbitration of the dispute which was referred to the sole arbitration of the Superintending Engineer of the department. The award of the arbitrator went entirely in favour of the complainant and the penalty imposed was set-aside. Aggrieved by the hostile action of the Haryana Electricity Board employees, the complainant knocked at the door of the District Forum and sought compensation to the overall tune of Rs.60,000/- for financial loss and also on account of harassment and mental tension etc.