LAWS(NCD)-2007-6-8

CHHATTISGARH STATE ELECTRICITY BOARD Vs. YOGESH KUMAR VARSHANEY

Decided On June 05, 2007
CHHATTISGARH STATE ELECTRICITY BOARD Appellant
V/S
YOGESH KUMAR VARSHANEY Respondents

JUDGEMENT

(1.) -SINCE, both these appeals under Section 15 of the Consumer Protection Act, 1986 arise from the same order dated 5. 2. 2007 in Complaint No. 35/06 by the District Consumer Disputes Redressal Forum, Raipur (hereinafter called the 'district Forum' for short), they are being disposed of by this common order. Since, these appeals are cross-appeals preferred by each of the contesting parties, they shall be referred to as complainant and O. P. , as arrayed in the complaint.

(2.) IT is not in dispute that the complainant- Yogesh Kumar Varshaney was given an electric connection under service No. 234961 by O. P.- Chhattisgarh State Electricity Board (CSEB for short ). The sanctioned load of the said connection as per agreement between the parties was 2250 watts. It is further not in dispute that the meter installed at the complainant's premises, was inspected by the engineer of the CSEB on 17. 3. 2005. According to the said inspection report, the load on the said connection was found to be much more than the sanctioned capacity. It is further not in dispute that an additional bill of Rs. 90,403, dated 18. 3. 2005, was served on the complainant. Indisputably, the complainant has also paid the said amount.

(3.) THE complainant has raised grievance in the complaint regarding raising of additional bill of Rs. 90,403 as above. It was further averred that a new meter was installed on 21. 3. 2005, by the lineman, who again reported that one phase of the meter was defective and dysfunctional. The complainant, therefore, wrote a letter dated 1. 4. 2005 to the OP-CSEB that the problem as above persists, upon which the engineer of the CSEB took away the meter and sent it to the laboratory for testing. It was averred that the complainant though raised grievances about the unfair action of the officers of the CSEB but there was no response. He also wrote letters dated 29. 4. 2005 and 18. 5. 2005 to the CSEB. He further averred that the meter was defective and a phase thereof was not functioning. He, therefore, prayed that the bill amount of Rs. 90,403 paid by him towards additional bill be directed to be refunded with interest. He also prayed for compensation being awarded.