BALDEV SINGH Vs. PUNJAB STATE ELECTRICITY BOARD

JUDGEMENT

(1.) Vide this order, two cross appeals are being disposed of. Appeal No.944/ 1997has been filed by Baldev Singh, the complainant whereas Appeal No.1144 / 97 has been filed by Punjab State Electricity Board. The complainant claims compensation of Rs.30,000/- as awarded by Single Member of the District Forum whereas by the Majority decision, the District Forum allowed compensation of Rs.500/- only. In the appeal filed by the Punjab State Electricity Board, the request is for setting aside the order of the District Forum as the complainant was not entitled to any compensation. It may be observed that District Forum disposed of the complaint on August 19,1997.

(2.) Baldev Singh, complainant was having Tubewell Electric Connection for irrigating his fields, No. C-1342. He was paying electricity charges at the flat rate of Rs.256/- per month. He was regularly paying the bills. In July, 1996, spare parts of the Transformer feeding his connection were stolen. Thus, electricity supply was disrupted. The report of theft with the police was duly recorded by the concerned Line Superintendent of the area. The Electricity Board failed to reinstal the new Transformer upto January 10, 1997. Since, the electricity was not being supplied, the complainant suffered losses and damages to the tune of Rs.30,000/-. He requested the employees of the Electricity Board not to claim electricity bill during the period the electricity remained disrupted on that account. Thus he prayed for such a direction and claimed compensation of Rs.30,000/-.

(3.) The Electricity Board submitted its version, inter alia taking up preliminary objections that the complainant was defaulter as he had not paid bill of supply of electricity since August, 1996, Thus, electricity was disconnected vide order dated November 29, 1996, which was effected on December 1, 1996. Thus the complainant was not entitled to file the complaint. He was no more a consumer. The complainant did not apply for restoration of the connection. The complainant was stated to be a habitual defaulter. Even prior to August, 1996, he had made irregular payments. It Was admitted that theft had taken place on the night of October, 25 and 26, 1996 and F. I. R. was lodged at Police Station Sadar Faridkot on October 26, 1996. Factually the F. I. R. was registered on December 27,1996 by the police after reminder was issued on December 14,1996. It was thereafter that the matter was taken up for reinstalling the Transformer, which was actually installed on January 13,1997. Till registration of the F. I. R. , the matter of reinstallation of the Transformer could not be taken up. In this manner, delay was explained. It was specifically pleaded that the complainant had not paid electricity charges for August, 1996 and there was no question of negligence on the part of the Electricity Board as the electricity had been ordered to be disconnected. Replication was filed by the complainant that the alleged disconnection was only a paper transaction and was counter blast. In fact, he was entitled to the compensation as prayed. It was admitted that the complainant did not pay the bill (August bill) due to non supply of electricity to him. The complainant produced his affidavit as well as affidavit of Jagir Singh, Sarpanch, Chhinder Singh and Annexure Ci, requisition for the Transformer. On the other hand, the opposite party produced affidavit of Gurmantar Singh, Junior Engineer, Annexure R1 and documents Annexures 'a' and 'b'. On the evidence aforesaid, majority Members of the District Forum came to the conclusion that there was non supply of electricity from October 26, 19q6 to January, 13, 1997, which caused inconvenience to the complainant. A sum of Rs.500/- was allowed as damages. It was further observed that the Electricity Board would be entitled to recover electricity charges from the complainant for the period August 1, 19% to October, 25,1996 i. e. prior to the date of theft and after January 13,1997 i. e. after installation of the new Transformer. Single Member of the District Forum came to the conclusion that the complainant suffered loss for want of supply of water during the period July, 1996 to January 13, 1997 and thus awarded compensation of Rs.30,000/-. It was further observed that the Electricity Board will not be entitled to claim electricity charges for the period July, 1996 to January 10, 1997.