VIKAS GUPTA Vs. SUB DIVISIONAL OFFICER

JUDGEMENT

(1.) The petitioners Vikas Gupta and Rajiv Gupta both are sons of the original complainant late Shri Jai Bhagwan. They have filed this revision petition challenging the order dated 5.6.2012 passed by the State Consumer Disputes Redressal Commission ('State Commission' for short), Haryana, Panchkula in First Appeal No.670 of 2012 whereby the State Commission dismissed their appeal and upheld the order dated 11.5.2012 passed by the District Consumer Disputes Redressal Forum, Jind dismissing the complaint No.384 of 2010 filed by the late father of the two petitioners.

(2.) BRIEF facts of the case which are relevant for its disposal are that the petitioners' father was a consumer of the respondents/opposite parties and was having an electricity connection (domestic) bearing No.PP -11/1058 for his residence. He had cleared all the dues in respect of this domestic connection and nothing was due against him, the last bill worth Rs.8042/ - having been deposited on 8.9.2010. The respondents issued a letter bearing memo No.850 dated 25.8.2010 vide which they transferred a sum of Rs.2,15,710/ - which was outstanding in another account bearing No.LS -14 in the name of M/s B.R. Spintex Pvt. Ltd. in the account of the complainant. Treating this as an illegal act on the part of the respondent, the said Shri Jai Bhagwan challenged the memo before the District Forum by filing the consumer complaint in question. It was averred that M/s B.R. Spintex Pvt. Ltd. is a separate legal entity which was having a commercial connection from the respondents/opposite parties and as such the unit account of this company had no concern with the residential meter account of the complainant. Thus, deficiency in service on the part of the opposite parties was alleged before the District Forum and it was prayed that the complaint be accepted and notice memo dated 25.8.2010 whereby a sum of Rs.2,15,710/ - had been transferred to the account of the complainant be adjudged as illegal and null and void and the same be set aside. It was also prayed that the opposite parties be restrained from disconnecting the power supply of the meter of the complainant along with award of compensation of Rs.50,000/ - by the opposite parties to the complainant.

(3.) BASED on the evidence adduced before it and after hearing the parties, the District Forum dismissed the complaint. Aggrieved of the order of the District Forum, the petitioners in their capacity as the legal heirs of the original complainant, challenged it by filing an appeal before the State Commission which also came to be dismissed vide impugned order.