DHIR SINGH Vs. HARYANA STATE ELECTRICITY BOARD

JUDGEMENT

(1.) PETITIONER was the complainant before the District Forum where he had filed complaint alleging deficiency in service on the part of the respondent Haryana State Electricity Board (HSEB ). The complaint of the petitioner before the District Forum was that he is a consumer of the respondent HSEB and on 27. 2. 1997; he received a notice issued by the respondent demanding a sum of Rs. 5,261 on the grounds that the premises of the complainant was inspected by the officials of the respondents and found the supply being obtained directly by the petitioner/complainant. A representation was made by the petitioner before the Competent Authority of the Electricity Board and the amount was reduced from Rs. 5,261 to Rs. 2,008 which was deposited by the petitioner/complainant. It is in these circumstances a complaint was filed before the District Forum for refund of Rs. 2,008 along with interest and compensation of Rs. 10,000. The District Forum after hearing the parties allowed the complaint and awarded the complainant a compensation of Rs. 5,000 along with the direction to refund the deposited amount along with interest @ 12% per annum. On an appeal filed by the respondent-Board before the State Commission, the appeal was allowed and order of the District Forum was set aside, hence this revision petition before us.

(2.) WE have heard learned Counsel for the parties and also perused the material on record. There is no disputing the fact that the petitioner on receiving a notice for payment of Rs. 5,261 had approached the Appropriate Authority of the respondent seeking relief, who after consideration of the material, reduced the penalty about Rs. 2,008. By now it is settled law that if a consumer adopts a certain route for redressal of his grievance, then he should pursue that route only. Section 3 of the Consumer Protection Act only provides as additional remedy, in case any consumer ab initio adopts a route of grievance before a Consumer Forum. In this case, the petitioner voluntarily adopted a certain route for redressal of his grievance i. e. , HSEB and there is no doubt that he got some relief there. In case he was not satisfied with the relief granted by the Appropriate Authority, then he should have proceeded in appeal against that order. The petitioner could not have filed the complaint before a Consumer Forum as we are not an Appellate Authority against orders passed by HSEB. In these circumstances, the revision petition as also the complaint is dismissed.

(3.) HOWEVER, liberty is given to the petitioner to seek his remedy/relief from Competent Authority, as per law, from the respondent-Board. The petitioner shall be at liberty to take advantage of the judgment passed by Hon'ble Supreme Court in the case of Laxmi Engineering Works v. PSG Industrial Institute, II (1995) CPJ 1 (SC)=1995 (3) SCC 583,decided on 4th April, 1995 while computing the period of limitation under Section 14 of the Limitation Act, for getting a set off against the period spent before the Consumer Forums.