H S E B Vs. PIRTHI SINGH

JUDGEMENT

(1.) Whether the District Forum can entertain a complaint where the value of the goods or services and the compensation claimed is precisely a sum of rupees One lac only? This inter alia is the significant question arisen in this set of appeals.

(2.) First Appeals No.346 and 352 of 1992 are directed against the same order of the District Forum, Kaithal and the learned Counsel for the parties are agreed that this order will govern both of them.

(3.) Pirthi Singh, complainant had averred that way back on the 30th of December, 1987, he had applied for an electiricty connection in the general category for his tubewell for purposes of the irrigation of his fields in Village Barsana and had furnished the necessary security and completed the requisite formalities. Nearly 11/2 year thereafter in June, 1989, he was required to submit a test report which he did on the 29th of June and the same was duly verified by the authorities. It is the case that the Haryana Electricity Board (hereinafter called the 'board') had framed a clear-cut policy to provide electricity within a period of one year of the submission of the test report but despite the same, the complainant was denied the facility, A deep grievance was made that the Board was arbitrarily giving priorities to special category applicants to the detriment of the general category. It was pointed out that the complainant had invested Rs.30,000/- on account of the electric meter and ancilliary equipment, building of a Kotha and the boring of the tubewell etc. on the hope of energising his tubewell. The heavy loss suffered by the complainant because of his inability to irrigate his fields for want of electric connection had been highlighted. A compensation to the tune of rupees One lac was there- fore, claimed.3. A. The Board in its written statement raised pecuniary objections to the jurisdiction and also that the complainant had no cause of action. On merits, the plea taken was that no assurance was given to the complainant for the supply of the connection immediately and further it depends upon the availability of material etc. It was further the plea that the Board had withdrawn minimum 60% connections from the general category and the priority will be given to those consumers who had submitted test reports before the 31st of March, 1989 on a seniority basis. A vague hope was extended that the connection would be given to the consumer on his turn, and that no loss had been suffered by the petitioner nor was the Board liable therefor.