LAWS(NCD)-2004-1-326

NACHHATTAR SINGH Vs. CHIEF ENGINEER ELECTRICITY SUPPLY DEPARTMENT

Decided On January 21, 2004
NACHHATTAR SINGH Appellant
V/S
Chief Engineer Electricity Supply Department Respondents

JUDGEMENT

(1.) Heard learned Counsel for the appellant and perused the impugned order dated 2.12.2003 passed by the District Consumer Disputes Redressal Forum-I (for short hereinafter referred to as the District Forum) in Complaint Case No.426 of 2003.

(2.) The appellant applied for transfer of the electric meter installed in House No.16, Village Buterla, Sector 41-B, Chandigarh from his father Shri Balwant Singh-respondent No.5 vide letter dated 16.12.2001, the said application for transfer was taken up for consideration by respondent Nos.1 to 4, the Electricity Supply Department of U. T. , Chandigarh. The father of the appellant namely Sh. Balwant Singh who has been impleaded as respondent No.5 in this appeal filed his affidavit before the respondent Nos.1 to 4 wherein he disputed the claim of the appellant regarding the said house by describing the Sale-Deed as a forged Sale-Deed and alleging that he had not transferred his house to his son, the appellant. He also deposed in Para 3 of his affidavit that he had not given any consent to the Electricity Department i. e. , S. D. O. , Electricity 'o. P. ' Sub-Division No.9, Sector 43, Chandigarh for the transfer of electricity connection No. A/c No.309/bt-II/002700x in the name of Sh. Nachhattar Singh son of Shri Balwant Singh.

(3.) In view of the stand taken by the respondent No.5, the respondent Nos.1 to 4 did not permit the transfer of the electricity meter in the name of the appellant who filed the complaint alleging deficiency in service on the part of respondent Nos.1 to 4 and also alleging that respondent No.5 was in connivance with respondent No.4 - Sub-Divisional Engineer, Sub-Division No.9, Sector 43, Chandigarh. The District Forum dismissed the complaint on the ground that the title of the house where the meter in question is sought to be transferred is in dispute and also on the ground that the respondent No.5, the owner of the house, namely Shri Balwant Singh had not consented for transfer of the electricity meter which stood in his name, to be transferred in the name of his son Shri Nachhattar Singh, the appellant. Feeling aggrieved against the order of the District Forum, this appeal has been filed.