HARYANA STATE ELECTRICITY BOARD Vs. SURESH KUMAR

JUDGEMENT

(1.) In this appeal filed by the Haryana State Electricity Board, the short point involved is as to whether the order dated 6th of September, 1994 passed by the learned District Forum, Ambala directing the appellant to restore the electricity connection without demanding Rs.1,000/- is legally permissible or not.

(2.) Complainant Suresh Kumar approached the District Forum, Ambala with the grievance that even though he has been paying the electricity charges regularly, yet on 10th of March, 1993 a demand was sent by the H. S. E. B. for payment of Rs.1,000/- purporting to be imposition of penalty for the theft of energy by the complainant A criminal case was also registered against him and the electricity connection was disconnected forthwith. The complainant had to deposit Rs.1,000/- for having the connection restored.

(3.) The H. S. E. B. in its written reply pleaded that in the case of theft no proper notice was necessary before disconnecting the electricity connection and, therefore, the complaint was liable to be dismissed, especially when a criminal case had already been registered against the complainant. Learned District Forum after considering the evidence produced by the parties came to the conclusion that the H. S. E. B. should have served notice to the complainant before disconnecting the electricity connection. Resultantly, the complaint was allowed and amount of Rs.1,000/- paid by the complainant was ordered to be refunded alongwith Rs.500/- by way of compensation and Rs.200/- as costs The H. S. E. B. was however permitted to proceed against the complainant for the theft of energy and the recovery of any compensation or penalty imposed in accordance with law.