R SEB Vs. RADHEY SHYAM

JUDGEMENT

(1.) Heard. THE respondent was consumer of the services of the appellant Board in respect of his SIP connection for running a flour mill in a village. His grievance was that since 11.5.1994 supply of electric energy on all the 3 phases was not being made to him and, therefore, he was not in a position to run his flour mill. It was further submitted that despite his and other villagers requesting the concerned authorities to supply of 3 phases of electric energy could not be made for more than 4 months and thus the respondent had to suffer a business loss of Rs.6,000/-. The defece of the appellant was that since the respondent had tampered with the transformer, supply of electric energy stood temporarily suspended to the consumers. It was also averred that as and when the meter reader visited the business premises of the respondent for recording the consumption of electric energy by him, his business premises were found locked during the 4 months under consideration. The D. F. however accepted the version of the case as given by the respondent and held that the appellant had rendered deficient services to the respondent. The D. F. accordingly awarded a compensation of Rs.4,000/- for loss of business and Rs.1,000/- as compensation for mental agony. Cost at Rs.500/- was also awarded. Dissatisfied with such order of the D. F. the appellant has filed this appeal.

(2.) It was urged by the learned Counsel for the appellant that since the respondent was not available at his business premises as and when the meter reader had visited his business premises, no record of consumption of electric energy could be made. It was further submitted that since the respondent himself used to interfere with the transformer, he was not entitled to any relief. In the end it was submitted that the rate of interest awarded on the amount of loss of business and compensation for mental agony was excessive.

(3.) It is the undisputed position that electric energy on all the 3 phases could not be supplied to the respondent for about 4 months. He was carrying on his business of running the flour mill in a village. His monthly income, according to his own version, was not more than Rs.1,500/-. It does not appear to our reason that for no reason, a small business man, running a flour mill in a small village, would keep his business premises locked for 4 months. In our opinion the D. F. has rightly held that the appellant had rendered deficient services to the respondent in not providing electric energy to him.