J S MALHOTRA Vs. PUNJAB STATE ELECTRICITY BOARD

JUDGEMENT

(1.) It is an appeal against the order dated 9.10.2002 of the District Consumer Disputes Redressal Forum, Amritsar (hereinafter called the District Forum ).

(2.) The complaint filed by the appellant-complainant (hereinafter called the complainant) was partly allowed by the District Forum. The following order was passed : "10. The inspection dated 29.4.1999 and detection of connected load to the tune of 11.406 KW is proved on record and has not been disputed. The complainant has admitted in his statement that the connected load was found as 11.406 KW The complainant was thus using unauthorized excess load to the tune of 3.406 KW and is liable to pay the requisite charges.11. The complaint is partly allowed. Impugned notice is set aside. The complainant is held liable to pay requisite charges for use of unauthorized load to the tune of 3.406 KW i. e. , using the load of 11.406 KW against sanctioned load of 8 KW Opposite party may issue a fresh notice to the complainant for recovery of the requisite amount for use of excess load of 3.406 KW and refund excess amount, if any realised. Opposite party is further directed to make necessary correction in the record so as to show the sanctioned load of the complainant as 8 KW w. e. f. May, 1995. Opposite party shall pay costs of Rs.500/- to the complainant. "

(3.) District Forum has rightly held that the complainant was using unauthorised excess load to the tune of 3.406 KW and was liable to pay the requisite charges. The complainant cannot have any grouse against the above said findings of the District Forum. The inspection dated 29.4.1999 and detection of connected load to the tune of 11.406 KW stands proved on the records and it was not disputed by the complainant at all. The complainant had admitted in his statement that the connected load was found as 11.406 KW. The learned Counsel for the complainant has submitted that the District Forum did not consider the fact that even Rules of the opposite party-Board provided that whenever a disputed amount was to be refunded to the consumer the same was to be refunded with interest only and the District Forum has not allowed any interest on the amount, which was ordered to be refunded by the District Forum to the complainant. The argument seems to be attractive but is without any foundation. Learned Counsel for the complainant has not been able to show us any rule that the refund of disputed amount must be returned with interest. Moreover, the complainant was using unauthorised load of 3.406 KW for a considerable period of time. In these circumstances, we do not think that any interest is payable to the complainant. This appeal is, thus, dismissed being meritless. Appeal dismissed.