H S E B Vs. LAXMAN SINGH

JUDGEMENT

(1.) The Superintending Engineer, Haryana State Electricity Board appeals against the order of the District Forum, Faridabad granting the marginal relief of the restoration of electric power to the respondent consumer.

(2.) The complainant-respondent is a marginal farmer who had applied for an electricity connection for his tube well which was accepted and approved by acceptance letter No.3334 dated 10th of July, 1989. On receipt of the aforesaid communication, he approached the Junior Engineer of the department who demanded a sum of Rs.2,000/- for installation charges which was promptly deposited but curiously no receipt therefore was given to the respondent. However, the Junior Engineer alongwith his subordinate staff visited the site and got erected the electricity poles and cables to release the connection without any meter. On the respondent's enquiry, the officials told him that power-meters were in shortage and therefore, the same would be installed in due course of time and in the meantime, he was allowed to consume the electric power and monthly charges of Rs.100/- were charged and billed on average consumption. It was the case that the connection was installed in the month of April, 1991 but later in June, 1991, the Sub-Divisional Officer of the Board visited the site and demanded a sum of Rs.5,000/- in addition. On respondent's plea of inability to pay such a huge amount, he was asked to sign certain papers and was threatened with disconnection of power supply. Within a week's time thereafter, the electricity poles were uprooted and cable disconnected and carried away without the consent and even against the protestations of consumers. Subsequently, a penalty was sought to be imposed upon him for the alleged illegal connection despite the fact that the same had been duly released by the Junior Engineer on payment of the installation charges. Consequently, the setting aside of the penalty and the restoration of the connection as also compensation to the tune of Rs.1000/- was sought.

(3.) On notice being issued the appellants filed written statement raising a preliminary objection to which a reference is now unnecessary because they were neither pressed before the District Forum nor before us. Therein, the making of the application for the electricity connection was admitted as also the deposit of a security of Rs.220/-. The somewhat curious plea was that the electricity poles were got erected by the Junior Engineer B. S. Dhanda and supply was given to the petitioner unanthorisedly by him for which he has been subsequently suspended by the Board.