KANA JIVA DHAMI Vs. GUJARAT ELECTRICITY BOARDS

JUDGEMENT

(1.) THIS order will dispose off four revision petitions arising out of four separate complaints filed by the petitioners before the District Forum alleging deficiency in service on the part of the respondent. The four complainants are Shri Kana Jiva Dhami, Shri Patel Nathabhai Ravjibhai, Shri Patel Gopalbhai Gordhanbhai & Patel Keshavlal Gordhanbhai and Shri Patel Govindbhai Nathabhai.

(2.) IT was the case of the complainants before the District Forum that the petitioner/ complainant have electricity connection from the respondent ˜Electricity Board and they were enjoying the facility till 15.11.96 when the transformer got burnt and it was not repaired till 28.11.96 on account of which the complainants could not run the electric motor installed on their wells, thus, failed to irrigate the crops resulting in loss of crops. They relied upon the report of Mamlatadar as also the report of Agriculture Officer. It in these circumstances, four separate complaints were filed before the District Forum alleging deficiency in service praying for award of different amounts. The matter was resisted by the respondent/opposite party before the District Forum. The District Forum after hearing the parties, allowed the complaint and directed the respondent to payRs.1,06,000 to Patel Nathabhai Ravjibhai, Rs.2,25,000 to Patel Govindbhai Nathabhai, Rs. 1,10,000 to Kana Jiva Dhami and Rs. 30,000 to Patel Gopalbhai Gordhanbhai & Patel Keshavlal Gordhanbhai. All these amounts were to carry interest @12% p.a. from 30.6.97 to 31.12.2000 and interest @9% p.a. from 1.1.2001 till realisation. All these amounts were directed to be paid within 3 months failing which it was to carry interest @15% p.a. A cost of Rs.2,000 was also awarded to each of the complainants.

(3.) AGGRIEVED by this order, the respondent filed four separate appeals before the State Commission, who after hearing the parties and perusal of material on record, allowed the appeal and set aside the order passed by the District Forum and dismissed the complaints, hence, these revision petitions before us.