SUKHBIR SINGH BEHL Vs. DELHI VIDYUT BOARD

JUDGEMENT

(1.) The complaint of the appellant seeking restoration of the electricity connection which was disconnected by the respondent was dismissed vide order dated 25.11.1994 on the ground that these are such disputed facts which cannot be decided in summary proceedings and need oral evidence of the parties as well as cross-examination of witnesses by the parties.

(2.) Feeling aggrieved of the said order the appellant has preferred this appeal.

(3.) On face of it the facts are so simple that the complaint should have been decided by the District Forum on merit. One Shri Bhagwan Dass was the previous owner of the shop who tried to get the possession of the shop by the orders of Civil Court but the matter being sub-judice the possession could not be given to Shri Bhagwan Dass. In the review application one Shri Baldev Raj came forward to resist Shri Bhagwan Dass from taking the possession of the said shop. However, there were two separate electric connections, one on the ground floor and the other on the first floor of the property. The electricity connection of the first floor was disconnected. The appellant purchased the whole property and subsequently applied for new connection vide application dated 12.2.1986 by depositing the amount of Rs.600/-. At the same time he also applied for transfer of electricity connection on ground floor in his name and deposited arrears of Rs.9,493.60. Neither was the connection of the first floor restored nor was the connection of the ground floor transferred.