ASHOK KUMAR KUKREJA Vs. M P E B

JUDGEMENT

(1.) This appeal is directed against order dated 28.5.1996 passed by District Consumer Disputes Redressal Forum (hereinafter referred to as "district Forum"), Gwalior in Case No.650/92, where by the District Forum rejected the complaint on the grounds that complainant was not a consumer and hence his complaint could not be adjudicated by District Forum.

(2.) The facts of the case in brief are that the complainant is a partner in a hotel business known as Metro Hotel, located in Chawdi Bazar, Gwalior. He has three electric connections in his Hotel. Their numbers are 373145, 373147 and 373156. The complainant was paying electricity bills regularly. Even then M. P. E. B. sent him a bill for Rs.25,523.80 on 15.6.1992, when complainant approached the M. P. E. B. Authorities, it is alleged, he did not get satisfactory reply. He, therefore, filed a complaint in the District Forum, Gwalior with a prayer to quash the unjustified hill. In their reply filed in the District Forum, the opposite party averred that Vigilance Wing of M. P. E. B. did a surprise check of the hotel premises on 23.4.1992 and found that the load on the electric connections was nearly twice that of the contracted load. It was 27.78 kilowatt instead of 14.78 Kilowatt indicating excess load of 13 Kilowatt. They also found that complainant had committed theft of electricity by running a wire from the pole, outside the meter installed. Thus/ the complainant had fraudulantly availed extra electricity in addition to theft. This checking was done reportedly in presence of the complainant's agent. Opposite party thus sent a bill for Rs.25523.80 paise being charges for excess electricity consumed together with line charges and penalty, etc. Details were filed in the District Forum. Opposite party prayed for dismissal of complaint, because they averred that their bill was raised as per provisions of Sec.5 of the. M. P. Electricity Recoveries of Dues Act, 1961

(3.) A word about the course taken by this case in the District forum is necessary at this juncture. On the request of the complainant, the District Forum passed an interim order on 11.6.1992 not to disconnect the electric connection. This was objected to by the opposite party on the grounds that no interim order could be passed. The District Forum then passed another order on 18.8.1992 directing the comp lainant to file a bank guarantee for the total amount due from him in 15 days or pay half the sum i. e. to pay 1 /2 of Rs.25,523.80 paise in 15 days, ultimately after hearing both the parties, the District Forum passed an order dated 28.5.1996 against which this instant appeal has been filed before us.