HARYANA STATE ELECTRICITY BOARD Vs. S KAILASH YADAV

JUDGEMENT

(1.) The Haryana State Electricity Board appeals against the order of the District Forum, Rewari allowing the complaint preferred by the respondents.

(2.) The complainants had averred that they were owners of agricultural land in village Kundal, Tehsil and District Rewari and had applied for two electric connections in the names of Smt. Kamla Yadav and Shri Kailash Yadav. It was alleged that the respondent-Board's officials released connections without caring for the priority number to the detriment of the complainant's turn and on representations being made against such partiality only one connection in favour of Smt. Kamla Yadav at village Kundal was released. The said Smt. Kamla Yadav had died and the land had been mutated in favour of the Hindu undivided family. Since no bills were raised with regard to the electricity connection aforesaid, the complainants made enquiries from the Board's officials and were surprised to learn of their stand that no connection is running in the name of Smt. Kamla Yadav and the same pertained to Shri Kailash Yadav. The firm stand was that in fact neither any well nor any tubewell room stands on the land of Kailash Yadav and therefore, no question of any release of a connection to him or bills with regard thereto could arise at all. It was the firm stand that in fact the well in the land of Kailash Yadav was not excavated till June, 1992. The case laid was that no bill in the name of either Kamla Yadav or H. U. F. was raised right upto the 15th of October, 1992 and written complaints were made seeking the submission of the said bills for requisite payment. To the complainants' surprise they received the first bill relating to the electricity connection KLG-281 on the 29th of October, 1992 in the name of Smt. Kamla Yadav for Rs.9,759.55 without any details. However, by a communication dated 21st of October, 1992, the Junior Engineer of the H. S. E. B. raised a demand of Rs.7,890/- pertaining to the alleged connection No. KLG-178 in the name of Kailash Yadav. The firm plea was that since no electric connection at all had been released in the latters name, no question of payment therefor could arise.

(3.) On notice being issued the plea taken on behalf of the appellant Board in their reply was that a connection in the name of Smt. Kamla Yadav was released on the 5th of January, 1987. Surprisingly, no averment with regard to the release of any electric connection in favour of Kailash Yadav was made. It was however, denied that there was no room or any well existing in the land of Kailash Yadav and it was pleaded that the demand notice was sent to him on the 18th of September, 1986 and he had submitted the test report on the 20th of September, 1986 and his name was entered at serial number 217 dated the 22nd of September, 1986. It was pleaded that the billing in the name of Smt. Kamla Yadav could not be started due to some oversight because her name was not entered in the ledger at all. Therefore, the demand against her was sought to be justified as also the one raised against the name of Shri Kailash Yadav vide KLG No.178.