JODHPUR VIDYUT VITRAN NIGAM LTD THROUGH EXECUTIVE ENGINEER (O& M) SARDAR SHEHAR JDVVNL RATANGARH DISTRICT-CHURU RAJASHTAN Vs. DALVIR SINGH S/O JUG LAL

JUDGEMENT

(1.) This revision petition has been filed under section 21(b) of the Consumer Protection Act, 1986 against the order dated 31.8.2016 passed in appeal No. 161 of 2015 by Rajasthan State Consumer Disputes Redressal Commission, Circuit Bench at Bikaner (in short, 'the State Commission') whereby the State Commission dismissed the appeal of the OP.

(2.) The complainant, Dalveer Singh had taken electricity connection for his agricultural well with the load of 30 HP. He was paying bills regularly. The OP officials forced to get dug another well for the purpose of shifting the electricity connection to it. The complainant deposited Rs.47,600/- on 08-11-2013, but, prior to that, on 18.06.2013, OP forcibly removed the transformer without giving any notice of disconnection to the complainant. Being aggrieved by the said disconnection, the complainant filed a complaint before the District Consumer Disputes Redressal Forum, Churu, Rajasthan (in short the District Forum).

(3.) The petitioner/OP resisted the complaint and denied that it was on account of dispute with the complainant and the department that the complainant had been forced to have another well dug. The complainant fraudulently took an electricity connection in his agricultural land at Khasra No. 1081/547 but the same was installed on his another land at Khasra No. 1080/547, which was illegal. One Mr. Naresh Kumar S/o Jai Pal Singh Jat had lodged a complaint with the OP/department in the month of May, 2013 that Dalvir Singh had got sanctioned the electricity connection in relation to his land situated at Khasra No. 1081/547. The petitioner/department through Tehsildar Sardar Shehar, got the site inspected and found that the complainant was using illegally the electricity connection on another khasra. Therefore, the demand notice was issued to the complainant for Rs.1500/- towards transportation charges but the complainant inter alia submitted that he will transfer the required material like pole, transformer etc. to the designated place on his own and asked for deduction of Rs.1500/- from the demand notice issued to the complainant. Thereafter, the complainant deposited the amount of demand notice on 8.11.2013 wherein job offer was issued on 14.11.2013 but the complainant did not transfer the material required for shifting. The OP also submitted that the complainant had earlier also filed another Complaint No.692 of 2012 in relation to the bills towards the consumption which was, however, dismissed as withdrawn by the complainant on 24-06-2013. Thus, the present complaint amounts to res judicata. Thus, the complaint is not maintainable.