ELECTRICITY DEPARTMENT GOVERNMENT OF GOA Vs. NUNES ENTERPRISES

JUDGEMENT

(1.) This is an appeal against the order dated 24th December, 1991 passed by the Goa State Consumer Disputes Redressal Commission, Panaji in Complaint No. 11 of 1991. Vide the impugned order, the State Commission awarded Rs. 50,000/- as compensation to the present respondent, M/s. Nunes Enterprises (who was complainant in the complaint) for the business loss which they had suffered during the period of disconnection of electricity to their ice factory. However, as regards the disputed bill for Rs. 5,22,637/- as electricity charges, the State Commission declined to decide the correctness or otherwise of the said bill and remarked that it was open to both the parties to approach the appropriate Court to challenge its correctness, if so advised. Feeling aggrieved against that order the Electricity Department, Government of Goa (who was Opposite Party in the complaint) has come before this Commission in appeal.

(2.) The brief facts leading to this appeal are that the complainant is running an ice factory at Goa and had obtained an electric connection for the same. Accord ing to the allegation in the complaint the staff of the Electricity Department had checked the electric meter on 29th June, 1990 but on that date they could not remove the meter for want of instruments. On 5th July, 1990 the staff of the Department again arrived at the complainant's factory premises and changed the full metering system alleging that the electric meter had been tempered with. The complainant was served with a bill for Rs. 5,22,637/- for the consumption of excess electricity from the date of installation of the meter in the year 1985. When the bill was not paid, supply of electricity to the complainant's factory was disconnected on 4th September, 1990. The grievance of the complainant was that there was deficiency in the service rendered by the Opposite Party inasmuch as they were over-charged for the electricity which they did not consumer. They claimed Rs. 90,000/- with interest for the alleged loss caused to them on account of disconnection of electricity to the factory.

(3.) The Opposite Party contested the complaint on many grounds some of which were preliminary ones. On merits it was stated that the complainant had illegally interfered with the metering system.