LAWS(NCD)-2018-6-37

JAYA VIJAYA Vs. MADHYANCHAL VIDUT VITRAN NIGAM LTD

Decided On June 13, 2018
Jaya Vijaya Appellant
V/S
Madhyanchal Vidut Vitran Nigam Ltd Respondents

JUDGEMENT

(1.) An electricity connection had been installed in the name of late grandfather of the complainant, in a house in Lalbagh, Lucknow. The allegation of the complainant is shat the aforesaid connection was disconnected by the opposite party on 6.2016, without any notice, due to non-payment of dues amounting to Rs.27177/-. This is also his case that no bill for the aforesaid amount was raised and no one came to collect the said amount. After the illness of his father, the complainant again sought restoration of the electricity supply but a sum of Rs.46679/- was demanded by the opposite party. The said amount was deposited along with Rs.300/- as reconnection charges. It is alleged in the complaint that the complainant was preparing for takeoff of his seven Information Technology business firms and the said process was hindered due to deprivation of electricity thereby causing huge losses to him. The complainant is, therefore, before this Commission with the following prayers:-

(2.) It would thus been seen that the complainant is claiming a sum of Rs.502 crores from the opposite party due to disconnection of the electricity which the opposite party was providing in his house. The amount claimed by the complainant is absolutely illogical, irrational and mind boggling. I fail to appreciate how a person can even claim compensation amounting to Rs.502 crores on account of an alleged unjustified disconnection of the electricity connection. The complaint does not explain on what basis the complainant is claiming Rs.500 crores on account of damages sustained by him in the business he was planning and Rs.2 crores for his alleged mental and physical harassment.

(3.) It is true that ordinarily it is for the complainant to decide what amount he wants to claim as compensation for the deficiency alleged by him in rendering services to him by a service provider but, a claim for such a mind boggling and wholly illogical and irrational amount, without any basis or justification cannot be entertained and is liable to be rejected at the very threshold. It will be nothing but travesty of justice and gross abuse of the provisions of the Consumer Protection Act if such complaints are admitted and are allowed to proceed further. The complaint is, therefore dismissed with liberty to the complainant to file a fresh complaint claiming a fair, reasonable and logical compensation commensurate with the nature and extent of the alleged deficiency on the part of the opposite party in rendering services to him before an appropriate consumer forum.