CHAIRMAN RSEB Vs. JAGDISH PRASAD GUPTA

JUDGEMENT

(1.) This appeal is directed against the order dated 9.4.1997 made by the D. F. Alwar in Complaint Case No.379/1996 whereby the D. F. allowed respondent's complaint against the appellants.

(2.) Relevant facts are these : vidyut Karmachari Sangh, Alwar, the respondent, is an association registered under the Indian Trade Unions Act, 1926. It had applied on 18.8.1994 to the appellants to sanction an electric connection to it at its office near Company Bagh, Alwar. Their application was duly accepted and the appellants required them, through demand notice dated 23.12.1994, to deposit a sum of Rs.435/- in relation to providing electric connection to it. The respondent duly deposited the aforesaid amount with the appellants on 10.1.1995. They had already submitted the 'l' form on 28.12.1994. But despite their repeated requests the appellants did not provide an electric connection to them. The association, therefore, filed a complaint under Sec.12 of the C. P. Act, 1986 before the D. F. , Alwar on 27.5.1996, through its General Secretary Shri Jagdish Pd. Gupta. The stand taken by the appellants before the Forum was that the premises, wherein the electric connection was required to be provided, was appellant's own building and, therefore, no electric connection could be sanctioned to the respondent. The D. F. did not approve of such objection of the appellants and held that since the respondent had deposited the fees and other amounts as were required to be deposited by them, it had become a "consumer" within the meaning of the term defined in Sec.2 (1) (d) of the Act and that not providing an electric connection to it, despite their having deposited the demanded amount, amounted to deficiency in service on the part of the appellants. The D. F. , therefore, allowed the complaint of the respondents and directed the appellants to provide an electric connection to the respondent in their office, as detailed above. Aggrieved by such order of the D. F. , the appellants have preferred this appeal.

(3.) The learned Counsel for the appellants submitted, at the very outset, that the respondent was not a recognised trade union and, therefore, cannot maintain the complaint. By certificate of registration of trade union No.43/1971 issued by the Registrar of Trade Unions, Rajasthan, Jaipur on 17.4.1971, it stands fully proved that the respondent is a registered trade union and as such entitled to maintain a complaint under the Act. The objection raised by the appellants is overruled.