RELIANCE ENERGY CENTRE Vs. MUKARAM SHAIKH

JUDGEMENT

(1.) -BEING aggrieved by the order dated 13. 4. 2007 passed by Mumbai Suburban District Consumer Forum in Consumer Complaint No. 75/2006, org. O. P. /reliance Energy has filed this appeal challenging the order passed by the Forum below.

(2.) BRIEFLY the case of the respondent in the Forum below was that the respondent resided at Shivaji Nagar, Kapaswadi, M. C. G. M. Compound, Versova Link Road, Near Saibaba Temple, Andheri (W), Mumbai. He had taken electric connection from Reliance Energy. It was the case of the complainant that O. P. changed address of the complainant and on 29. 5. 2006 without his permission they had removed the meter from his premises alleging that his house and other adjoining structures had been demolished by the Municipal Corporation. The complainant however asserted that he is still having possession of the house on the same site. When he applied for fresh electric connection, the official of Reliance Energy gave estimate of Rs. 37,732 and asked him to pay the said amount. Since it was not possible for him to bear this expenses, he was not given electric energy by the Reliance Energy and, therefore, he approached the District Consumer Forum by filing complaint with a prayer that his electric supply should be restored back and he also claimed Rs. 1 lakh towards compensation and Rs. 1,000 towards cost.

(3.) THE appellants who were org. O. Ps. filed written statement and claimed that on 24. 4. 2006 and on 25. 5. 2006, Municipal Corporation had demolished some illegal structures from Kapaswadi locality. Amongst those illegal structures, there was structure of complainant also. Shri Indulkar, official of Reliance Energy with Shri P. J. Musale went to the site of the structure and found that the complainant's house was demolished and electric wires attached to the meter were cut off and it is for this reason, the official removed the meter from the demolished structure. The complainant asked for restoration of electric energy. He was told all these facts and was told that for getting fresh electric energy at the new place where he had constructed the house, he had to make fresh application. Estimate of Rs. 37,732 was given and he was asked to bring No Objection Certificate and Certificate of Pakka structure from the Municipal Corporation. But, he did not produce those two vital documents and, therefore, O. Ps. pleaded that there was no deficiency in service on their part and complaint should be dismissed. It was also pleaded that filing of complaint by the complainant was itself untenable in law. Inasmuch as he had taken this matter before the Electricity Ombudsman of Maharashtra State and his representation is pending before the said Authority. The said Authority refused to give interim relief to the complainant and, therefore, it pleaded that complaint should be dismissed.