CHHATTISGARH STATE ELECTRICITY BOARD Vs. CHHAMANIDHI PATEL

JUDGEMENT

(1.) This appeal, under Section 15 of the Consumer Protection Act, 1986, is directed against the order dated 22.1.2003 in Complaint No. 493/2002 by District Consumer Disputes Redressal Forum, Raipur (hereinafter called the District Forum for short) directing that the complainant/respondent shall be entitled to complete exemption from payment of electric charges of motor pump installed in his premises for the period from November, 1999 to April, 2001 and that from 1.5.2001 the complainant would be charged electricity charges for 5 HP motor.

(2.) INDISPUTABLY the complainant has agricultural field at gram Runjhini and had installed a 10 HP pump in his field since 1991. However, in 1999 he applied to the appellant Electricity Board for reduction in power supply from 10 HP to 5 HP pump, by application dated 8.4.1999 addressed to Executive Engineer of the appellant Board.

(3.) THE complaint was resisted by the appellant Board. According to them, the Executive Engineer was not authorised to sanction reduction of HP in the pump. The said power could be exercised only by Chief Engineer. The complainant was asked to submit documents and to complete formalities regarding his application for reduction of HP of his pump, which he completed only in Feb. 2002 and thereafter a new agreement dated 18.10.2002 has been executed between the parties. It was further averred that complete exemption could be only granted in case of one pump in a Khata of agricultural land. Since the complainants brother Juglal had already been granted exemption, the complainant was not entitled to any exemption for the pump installed in the field comprising in the said Khata.