LAWS(NCD)-1995-3-114

H S UPADHYAYA Vs. ASST EXECUTIVE ENGINEER

Decided On March 30, 1995
H S UPADHYAYA Appellant
V/S
ASST EXECUTIVE ENGINEER Respondents

JUDGEMENT

(1.) These two appeals by the complainant are directed against the common order dated 27.4.1993 passed by the District Forum, Mangalore, in Complaint Nos. CPA/998/90-91 and CPA/dk/65/91-92, dismissing the complaints.

(2.) The facts, briefly stated, are as follows : in both the complaints the complainant was one and the same and the opposite parties are also one and the same. The District Forum disposed of the complaints by a common order. The electrical installation was serviced to the residence of the complainant on 26.10.1983. It was of two KV. Subsequently on 2.11.1983 a meter was fixed to the said installation. The opposite parties did not take meter reading for a long time. It was only on 9.1.1986 the meter reading was taken. In the meanwhile, the complainant regularly used to pay the charges at 140 units per month i. e. , at the rate of 70 units per K. V. The opposite parties issued calculation- sheet on 14.9.1990 as per Ex. C. l and demanded payment of a sum of Rs.5,972/- from the complainant towards arrears of electricity consumed by the complainant. The complainant disputed this calculation sheet and made representation to the opposite parties. When he failed to get relief in this regard, filed the complaint i. e. , Complaint No. CPA/998/90-91 seeking to quash the said calculation sheet Ex. C. l. While the proceedings were so pending, the opposite parties disconnected the power supply on the ground that the complainant failed to pay the arrears as demanded under Ex. C. l. Thereafter, the complainant filed Complaint CPA/dk/65/91-92 seeking to restore the power supply to the installation of the complainant.

(3.) The opposite parties filed their version and admitted the fact that the installation was serviced on 26.10.1983 and the meter was fixed on 2.11.1983. It also admitted the fact that it was only in the month of January, 1986 that for the first time a meter reading was taken. It further averred that on the basis of that meter reading a calculation sheet as per Ex. C.1 was prepared and arrear of a sum of Rs.5,972/- was claimed from the complainant. It also admitted the fact that the complainant was making payment regularly at the rate of 70 units per K. V. per month. The opposite parties on the basis of these averments, sought the complaints to be dismissed.