CHHATTISGARH ELECTRICITY BOARD Vs. SURYAKANTA GUPTA

JUDGEMENT

(1.) THIS appeal, under Section 15 of Consumer Protection Act 1986, arises from order dated 30.5.2005 in Complaint No. 13/2001 by District Consumer Disputes Redressal Forum, Rajnandgaon (hereinafter called 'District Forum' for short), directing the appellant/Electricity Board to pay to the complainant Rs. 43,254, as also interest on the security deposit amount not adjusted in the bills as per the circular dated 18.11.96.

(2.) INDISPUTABLY , the complainant/respondent is an H.T. Consumer of the appellant/Electricity Board and had deposited Rs. 25,99,291 towards security deposit. The complainants grievance in substance was, that as per circular dated 18.11.1996 of the appellant/Electricity Board, the amount of security deposit of a consumer was liable to be reviewed half yearly in the months of January and July each year, and if it was found on such review, that amount of security deposit exceeds 20% of the average bill for the preceding six months then excess amount was liable to be adjusted from the next monthly bill of the consumer. It was alleged that as the average of the complainants monthly bill amounted to Rs. 13,42,270, therefore, after adding 20% to the said amount it works out to Rs. 16,10,724. Accordingly, Rs. 9,88,567 were liable to be adjusted from the bill of the next month i.e. the bill for the month of July 1999. It was further averred that though the complainant wrote letters to the appellant/Electricity Board for adjustment of the above amount but his request as above was not accepted till November, 1999. It was further alleged that the surplus amount was subsequently adjusted from the bills payable in the month of November 1999 to April 2000. The complainant felt aggrieved by the non -adjustment of surplus amount from the bill payable for the month of July, 1999. The complainant prayed that compensation be awarded for deficiency as above.

(3.) DISTRICT Forum in impugned order upheld the contentions of the complainant and held that in view of circular dated 18.11.1996 of the appellant/Electricity Board, he was entitled to get the benefit of adjustment of surplus of security deposit amount, from the bill of the next month i.e. from the bill payable for the electricity consumed for the month of July, 1999. It was further held that the complainant was entitled to adjustment in the above manner, for an amount of Rs. 9,88,567 as was contended on behalf of complainant and not of Rs. 9,45,213 as contended by the appellant/Electricity Board. Therefore, besides directing refund of difference of Rs. 43,354, it was further directed that the complainant is also entitled to get interest for the period of delay due to non -adjustment of the above amount from the bill payable for the month of July, 1999.