M P ELECTRICITY BOARD Vs. MINI ENTERPRISES

JUDGEMENT

(1.) The aforesaid two appeals arise out of the same order dated 11.12.2001 passed by the District Forum, Bhopal in Case No.318/2001. Opposite parties, the officers of the M. P. Electricity Board aggrieved by the order quashing Board's demand for Rs.12,604/- and directing them to pay back Rs.1,000/- recovered from the complainant-consumer and also to restore power supply have filed Appeal No.35/2002 while the complainant dissatisfied with the amount of compensation has filed Appeal No.39/2002.

(2.) Complainant, M/s. Mini Enterprises is a manufacturing unit carrying on its manufacturing business on a plot of land bearing No.1187 in industrial area, Govindpura, Bhopal allotted to it on lease by the State Government, Department of Industries. Power connection was given to the complainant by the opposite parties some time in the month of November, 2000. Earlier this plot was with one M/s. Geeta Electron Mech on lease from the Government. It appears that the Government authorities terminated the lease of M/s. Geeta Electron Mech and got the plot vacated before allotting the same to the complainant. Complainant it appears has set up some industrial unit on the said plot and also applied for power connection. The authorities of the M. P. E. B. while granting power connection to the complainant laid down a condition that the complainant has to clear the arrears due from the earlier occupier of the plot i. e. , M/s. Geeta Electro Mech. The Board also obtained an undertaking on affidavit from the complainant for payment of the said dues. However, facility to make payment in instalments was accorded to the complainant, who it appears has paid one such instalment amounting to Rs.1,000/-. The complainant, however, declined to pay the remaining arrears amounting to Rs.12,604/- and instead approached the Forum below challenging the said demand. The complaint of the complainant was resisted by the opposite party-board on the ground that under the General Conditions (22a) prescribed by the Board under Sec.49 of the Electricity (Supply) Act, 1948 the complainant-consumer was liable to clear the dues outstanding in respect of the supply of power at the said premises prior to the same being allotted to the complainant. The Forum below after hearing both the parties allowed the complaint cancelling the said demand and also ordering for refund of the amount already recovered and for restoration of supply of power to the complainant.

(3.) This is how the matter has come up before this Commission in appeals filed by both the parties.