LAWS(NCD)-2014-11-34

BSES RAJDHANI POWER LTD. Vs. PRAVEEN KUMAR

Decided On November 20, 2014
BSES RAJDHANI POWER LTD. Appellant
V/S
PRAVEEN KUMAR Respondents

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 13.05.2008 passed by the State Consumer Disputes Redressal Commission, Delhi (in short, 'the State Commission') in Appeal No. FA-452/07 BSES Rajdhani Power Ltd. Vs. Praveen Kumar by which, while allowing appeal, order of District Forum dismissing complaint was set aside.

(2.) Brief facts of the case are that complainant/respondent applied for new connection on 9.1.2006. OP/petitioner after processing application issued demand note for Rs.23,645/- which was deposited by complainant. OP installed electricity meter on 10.2.2006 and complainant also deposited electricity bill of Rs.1170/-. It was further submitted that on account of sparking in the terminal of the meter, complainant lodged complaint on 12.4.2006 and on 17.4.2006Mr. Ashok along with other staff of OP came to his house, removed meter with assurance that they will install new meter on next day, but new meter was not installed and they demanded Rs.50,000/- as illegal gratification and threatened to implicate complainant in electricity theft case. Alleging deficiency on the part of OP, complainant filed complaint before District Forum. OP resisted complaint and submitted that application for permanent connection given by complainant was rejected in view of judgment of High Court as plot of complainant was of lesser area than one acre. It was further submitted that complainant in connivance with contractor tried to get temporary connection by showing the address of Neb Sarai instead of Sainik Farm. OP on learning the connivance terminated agreement with the contractor. Only temporary connection was sanctioned which can be withdrawn if necessary information is not furnished or wrong information is furnished and prayed for dismissal of complaint. Learned District Forum after hearing both the parties dismissed complaint. Appeal filed by complainant was allowed by learned State Commission vide impugned order and OP was directed to reinstall electrical meter and restore the electricity and further directed to pay Rs.10,000/- as compensation for harassment, Rs.5,000/- as cost of litigation and further directed to deposit Rs.50,000/- in Consumer Welfare Fund against which, this revision petition has been filed.

(3.) Heard learned Counsel for the petitioner and Authorised Representative of Respondent and perused record.