LAWS(NCD)-2005-11-109

GYANSHANKAR SHARMA Vs. M P STATE ELECTRICITY BOARD

Decided On November 08, 2005
Gyanshankar Sharma Appellant
V/S
M P STATE ELECTRICITY BOARD Respondents

JUDGEMENT

(1.) Heard. THE respondent had applied as early as on 30.3.1993 to the appellant Electricity Board to provide an agricultural connection to him for irrigating his fields. He had duly deposited a sum of Rs.6,410 which represented the cost of the poles to be installed for providing the connection to him and other misc. expenses. According to the respondent though the line had been laid down for providing an electric connection to him from the transformer but the appellant did not provide the electric connection to him. Instead a demand of Rs.18,000 was raised vide letter dated 3.1.1996 and a further amount of Rs.7,500 vide letter dated 4.6.1996. An electric connection has not yet been provided by the appellant to the respondent.

(2.) The defence of the appellant was that since 2 more poles were to be installed in order to provide an electric connection to the respondent, an additional demand of Rs.18,000 had been made which the respondent did not deposit. It was thus submitted that the appellant had not rendered deficient services to the respondent in not providing an electric connection to him.

(3.) It is not disputed that the earlier demand of Rs.6,410 had been made by the appellant against the respondent after verification of feasibility aspects on spot as was expected of them as per rules. The D. F. has specifically pointed out that the distance of 900 mts. was measured from the pole installed at the well of another consumer and from that pole electric connection was to be provided to the respondent. Once that was the position of fact there was no justification for the appellant to have raised additional demand of Rs.18,000 and further demand of Rs.7,500 from the respondent.