DAKSHIN HARYANA BIJLI VITRAN NIGAM Vs. PARIJAT POLYTHENE

JUDGEMENT

(1.) Challenge in this revision is to the interim order dated 29.6.2005 passed by District Forum, Faridabad whereby directions had been given to the petitioner-opposite party for restoration of the electricity supply to the premises of the complainant bearing account No.2ms-518 on deposit of Rs.1,34,000 being 30% of the determined amount as well as other directions which would be noticed at the appropriate stage.

(2.) Put shortly, the facts as can be gathered from the record briefly stated are that the complainant was provided with connected load of 66.66 KW bearing account No.2ms-518 at its premises located at plot No.5-B situated in Sector 15-A, Faridabad by the opposite party. The complainant has been paying the electricity bills according to the consumption recorded regularly and the last bill amount was deposited on 30.5.2005. The details of the energy consumed for the period 30.12.2005 to 30.5.2005 have been given in para 5 of the complaint. On 12.5.2005 the complainant moved an application to the SDO (OP), East Old Faridabad to check and remove the defective meter installed at its premises. Thereafter the premises of the complainant was inspected by the vigilance staff of the opposite party and XEN Mandp Faridabad was informed as per letter dated 1.6.2005, for the deployment of the staff to reopen the seal and to change the LTCT meter. The complainant purchased a new meter on 24.5.2005 from Hare Krishna Enterprises, Ballabgarh and got the same tested from Mandp Palla. It is the case of the complainant that in its absence vigilance staff of the opposite party inspected the premises of the complainant and removed the meter after disconnecting the electric supply to the premises of the complainant on 20.6.2005. Thereafter a memo bearing No.627 dated 21.6.2005 was served upon the complainant wherein a demand of Rs.13,40,000 was made on the allegations that Mandp seals of the meter were found tampered and theft of energy was being committed. Forced by these circumstances, the complainant invoked the jurisdiction of the District Forum whereby it was alleged that the opposite parties with ulterior motive had caused harassment as they had also disconnected other meter of M/s Exquisite Enterprises Pvt. Ltd. bearing account No. ESI-210 and M/s M. G. Motors bearing account No. KK-21/0325 under NDS category. Terming the demand made in the notice bearing No.627 dated 21.6.2005 issued by the opposite party as illegal and unjustified, directions had been sought for the restoration of the electric supply to the premises of the complainant. In addition a compensation amount of Rs. one lac was claimed on account of harassment and mental agony caused to the complainant. This complaint was instituted on 27.6.2005 and notice of the same was given to the opposite party for 29.6.2005. On appearance of the Counsel for the opposite party and after hearing them the impugned order was passed.

(3.) The learned Law Officer representing the petitioner and learned Counsel representing the respondent have been heard at length.