LAWS(NCD)-1993-1-2

KISHORI LAL GHOSHI Vs. RAJKUMAR SAMAIYA

Decided On January 02, 1993
KISHORI LAL GHOSHI Appellant
V/S
RAJKUMAR SAMAIYA Respondents

JUDGEMENT

(1.) This is an appeal by an employee of the M. P. Electricity Board, Sagar against the order of District Forum, Sagar holding him personally responsible for disconnection of electric supply of the complainant and directing him personally to pay compensation to the complainant.

(2.) The complainant contends that he was a tenant of one Makhanlal alias Munnalal till 8.10.1990 on which date he purchased the property in which his shop is situated. In this shop since 1980, an electric connection existed. This connection was taken by the complainant earlier as a tenant but from 8.10.1990 the complainant himself became the owner of the house. According to the complainant his neighbour Manoj Kumar was no in good terms with him and in order to harass the complainant he conspired with non-applicant No.2 (Appellant herein) and got the electric supply of the complainant disconnected.

(3.) Before disconnecting the electric supply, the M. P. Electricity Board (hereinafter called as 'mpeb') sent a notice dated 25.11.91 to the complainant calling upon him to produce consent letter from Manoj Kumar as also to produce a lease-deed in favour of said Shri Manoj Kumar executed by the complainant, failing which the electric supply was threatened to be disconnected. The complainant sent a reply that he had become owner of the house and Manoj Kumar had to do nothing with the house. Again another notice dated 4.3.92 and a third notice dated 9.3.92 were served on the complainant and despite a reply having been filed, on 18.3.92 the M. P. E. B. disconnected the electric supply of the complainant. The complainant therefore, approached the District Forum, Sagar with his complaint.