HARYANA STATE ELECTRICITY BOARD Vs. BACHAN SINGH

JUDGEMENT

(1.) This First Appeal No. 569 of 1993 has been filed by the Haryana State Electricity Board against the order of the State Commission, Haryana dated 4.10.93 in Complaint Case No. 9/93 directing the appellant to restore the electricity connection of Shri Bachan Singh and also pay to him a compensation of Rs. 50,000/- for the losses he has incurred for the non-supply of electricity for a period of more than 2 years.

(2.) Shri Bachan Singh, who is the respondent before us, was a land owner in Village Balti, Naraingarh. He applied for an electric connection for his tube-well under the priority scheme and deposited the required amount for this purpose. After a visit of the site and the scrutiny of the application by the officials of the Haryana State Electricity Board a viability report was prepared for the release of connection on the priority basis and in compliance therewith the respondent deposited Rs. 3,500/- on the 6th May, 1992. Subsequently, a Demand Notice dated 2nd June, 1992 was issued to the respondent advising him that as his request for installation of the tube-well connection has been accepted, he should submit a test report after installing the necessary equipment for the supply of electricity. Accordingly, the respondent completed all the requisite requirements in this regard involving a sizeable financial investment. Thereafter, the H.S.E.B. issued the supply sanction in his favour and also erected three poles between the transformer and the site of his tube-well. However, on the 5th December, 1992 a Sub-Divisional Officer of the H.S.E.B. informed the respondent that his aforesaid connection cannot be released as per the latest instructions from the higher authorities. The case of the respondent before the State Commission was that this communication of 5th December, 1992 amounts to deficiency in service as it deprived him of electricity connection which had been duly sanctioned and for obtaining which he had invested a sizeable amount in having necessary equipment etc. installed at the tube-well. The State Commission, Haryana, after recording the evidence of the respondent as well as the Executive Engineer of the Board and after a careful perusal of the relevant documents came to the conclusion that "there was a patent deficiency on the part of the Board in the matter of supply of electric energy extended out to the consumer- respondent and, therefore, he is entitled to the removal of the said deficiency and compensation for somewhat patent negligence in denying the same, if not virtually a mala fide action for dubious considerations as has, in fact, been alleged by the respondent though it is difficult of conclusive proof". It is against this order that the H.S.E.B. is appellant before us.

(3.) We have heard the learned Counsel for the appellant as well as the respondent and have carefully perused the record and the detailed order of the State Commission, Haryana.