DHARMATMA PRASAD MISHRA Vs. SUB-DIVISIONAL OFFICER ELECTRICITY

JUDGEMENT

(1.) THE complainant in case No. 4 of 1990 on the file of the District Consumers Forum, Basti is the Revision Petitioner before us. THE grievance put forward by him before the District Forum was that the Electricity connection to his residence was illegally disconnected by the respondents - Sub-Divisional Officer, Electricity Distribution Sub-Division, Khalilabad District and Shiv Hari Singh, Junior Engineer, Electricity Distribution Sub-Division, Khalilabad respectively. Besides praying for a direction for reconnection of the electric supply, the complainant also sought the award of compensation for the inconvenience, loss and harassment caused to him. THE District Forum after conducting an inquiry into the matter found that the disconnection of electric supply to the complaint respondent was not justified and was illegal. It accordingly directed the respondents immediately to reconnect the electric supply to the Complainant's residence and also awarded to the complainant a sum of Rs. 500/- by way of compensation for the inconvenience, loss, harassment etc. suffered by him. On appeal filed by the Opposite Parties before the State Commission, Uttar Pradesh, the State Commission has disposed of the appeal in a very summary fashion. By the impugned order of the State Commission it upheld the finding of the District Forum that the disconnection of electricity supply to the Complainant's residence was unjustified and illegal, and it accordingly affirmed the direction given by the District Forum for immediate reconnection of electricity supply. After recording the said finding, the State Commission, without any further consideration of the case made out by the Petitioner for the award of compensation, merely observed that "there is no need" for the award of compensation. We consider that such summary disposal of a first appeal by the State Commission was not just, fair or proper in law. We have gone through the facts of the said case and we are of opinion that the District Forum was perfectly justified in awarding Rs. 500/- by way of compensation to the complainant. THE interference made by the State Commission with the award of compensation made by the District Forum, without stating any reason for such interference, was manifestly illegal. We set aside the Order of the State Commission in so far as it has disallowed the compensation of Rs. 500/- to the complainant. THE Revision Petition is allowed in supersession of order by the State Commission. THE order passed by the District Forum will stand restored. THE Revision Petition is allowed. Since the respondents have not appeared before this Commission, we do not make any Order as to costs. Revision petition allowed.