RAJASTHAN STATE ELECTRICITY BOARD Vs. JAGROOP SINGH

JUDGEMENT

(1.) -In this revision, challenge is to the order dated 19.12.1997 of Consumer Disputes Redressal Commission Rajasthan, Jaipur disposing of appeal filed by the petitioner Board by modifying the order of a District Forum dated 16.1.1993. English translation at page 49 of the operative portion of the District Forum's order passed in complaint filed by the respondent/complainant which is material, is reproduced below:

(2.) Operative portion of the order of State Commission which too is material runs thus :

(3.) Submission advanced by Mr. Rohit Madan for petitioner/opposite party Board is that the electric connection of the respondent was disconnected for non-payment of electricity dues on 15.11.1991 still on 24.2.1992 on inspection the respondent was found using electricity unauthorisedly for which FIR was lodged against him. Prior notice of disconnection of electricity was served on the respondent by the department. Order passed by the District Forum as modified by the State Commission was, thus, legally erroneous. In support of submission he invited our attention to the affidavit dated 17.7.1992 of Suraj Bhan Angi, Assistant Engineer (Vigilance) filed before the District Forum. On inquiry, Mr. Madan pointed out that the respondent has since been acquitted by Criminal Court of the charge of theft of electricity by giving benefit of doubt. As may be seen from the said affidavit of Mr. Angi the precise date of disconnection of electricity prior to inspection on 24.2.1992 has not been disclosed therein, and it is silent in regard to giving of any prior notice of disconnection to the respondent. Order of District Forum notices that there is discrepancy in the stand taken by petitioner Board in regard to date of disconnection as in FIR it is noted as 24.2.1992 which was the date of inspection. In this backdrop, the Board must be held to have failed to establish satisfactorily that electric connection of respondent was disconnected on 15.11.1991. Theft of electricity was co-related with disconnection. That apart, affidavit of said Mr. Angi cannot be read in evidence as he failed to make himself available for the purpose of cross-examination by the respondent. On this aspect, the petitioner Board has also invited adverse comments at the hands of Fora below.