Basanti Devi vs U.P.STATE ELECTRICITY DIVISION

THIS is an appeal by the complainant against the judgment and order dated 29.10.2002 passed by District Forum, Haridwar by which the complaint of the appellant was dismissed by the learned Forum.

THE complainant filed a complaint with the allegations that she was the consumer of connection No. 690/1201/36082 with the name of M/s. Shyam Handloom, Plot No. F-37, Industrial Area, Bahadrabad, Distt. Haridwar. This was an industrial connection for 5 K.W. Since, the factory could not run, the complainant requested for permanent disconnection. She deposited a sum of Rs. 200/- for this purpose on 27.3.1999. THEre was an order of the Department that this connection be permanently disconnected and the wires etc. be removed, report of the permanent disconnection be filed. After 27.3.1999 as well, the complainant requested for disconnection, but it was not done. THEy demanded illegal money and when refused, they started saying that they will send bills even without any use. THE complainant has not used the connection, but still, bills have been sent, therefore, the complaint was filed before the learned Forum. The complainant asked for relief for permanent disconnection and not to collect minimum charges after 27.3.1999. She also prayed Rs. 3,572/- as her economic loss and Rs. 20,000/- as compensation.

The opposite party filed objections and alleged that on the application of the complainant for disconnection, immediate action was taken. On 1.6.1999 the Junior Engineer Shri S.P. Bansal sent Shri Dhara Singh, Lineman to disconnect the connection, but the complainant and her husband requested not to disconnect till a connection for light and fan is taken. On 4.6.1999 the connection was disconnected. The complainant did not allow the meter and line to be removed. Therefore, the proceedings of permanent disconnection could not be completed. It is to be remembered that on 26.5.1999 the complaint was filed while the temporary disconnection has been made on 4.6.1999 after the complaint was filed in the Court. This disconnection is also said to be temporary one. It is alleged that on 15.6.1999 the officers of the opposite parties went to remove the equipments, but the complainant did not allow to remove till a connection for light and fan is regularly obtained by the complainant. It is said that the Department is ready to complete the proceedings but the co-operation of the complainant is necessary.

THE complainant filed her affidavit in support of her allegations, whereas, Shri Ombir Singh, Executive Engineer has filed his affidavit in support thereon. After hearing the parties, the learned Forum dismissed the petition on the ground that complainant has used the connection even after March, 1999 as is clear from the papers of the opposite party and for this use, after adjusting the security, the opposite parties are entitled for a sum of Rs. 8,903/-. Therefore, the complaint was dismissed. Being aggrieved by that judgment and order, the complainant has filed this appeal.

WE have heard the learned Counsel for the parties and gone through the records. The complainant has filed the bills in this Commission to show that bills are being regularly issued, still no action whatsoever had been taken regarding permanent disconnection of the applicant. The plea and evidence as filed by the Electricity Department does not appear appreciable. This is a Government Department. With them, there is the Government machinery. They should take such action and such plea, which may at least appear to be reasonable. This is the very crux of the case and the learned Forum does not appear to have appreciated it. The complainant has a commercial connection for industrial purposes. Her industry could not run. Therefore, she applied for disconnection. She deposited disconnection fee. Her application was allowed and no other formality was to be done except making the permanent disconnection, but, surprisingly, the officers of the Electricity Department were requested not to disconnect. It does not appear to be reasonable that a person is applying for disconnection, is paying fee for that although she fully knows that even she use or do not use, she had to pay minimum charges of 5 K.W. connection for industrial purposes, still she requested not to disconnect, is not at all believable. It was requested by the complainant as alleged, that till a connection for domestic purposes is taken, there should not be permanent disconnection. It is also surprising that the officers of the Electricity Department are permitting to use the connection which is taken for industrial purposes, to be used as domestic purpose. This is not legally possible. This is not permissible. Therefore, it appears strange that the complainant requested inspite of her application, for use for domestic purposes and the opposite party allowed it. Such a request shall neither be made by the complainant and even if made, shall never be allowed by the Electricity Department. This is not the case of the Electricity Department that the complainant used force at the time of disconnection and did not allow disconnection, but the case is that she requested and the Electricity Department acceded to it. Even if use of some force is alleged, then, that also is not believable, because with the Electricity Department, there is a team of officers, linemen and they can have even the help of the police and other Government machineries if any force is used by any consumer. The user of force is also ruled out. The fantastic part of the plea that the complainant applied on 27.3.1999. It is alleged that inspite of request when the P.D. was not done, she immediately without any further delay, filed a complaint in the District Forum on 26.5.1999. Till 26.5.1999 nothing was done and it is said that on 4.6.1999, temporary disconnection was done at the request of the complainant. Again, on 15.6.1999 when the officers of the Electricity Department went, the complainant and her husband contacted them and requested that till a connection for light and fan is obtained, the meter and line should not be removed. It, therefore, appears that after temporary disconnection also, the Electricity Department allowed the complainant to use the connection for light and fan. This can be said nothing but a glaring example of dishonesty by the Electricity Department, if they have done it. However, according to the complainant it was never used and it appears to be correct that a complainant who has filed a complaint in the District Forum with a request that permanent disconnection be done, no charges from her be collected, still she will request and still the officers of the Electricity Department will oblige her, is not at all believable. No same person or officer or Department will concede to the oral requests of the complainant after she has instituted a suit in the Court of law to get relief against the Department. This plea, therefore, and the affidavit filed by the Department are totally false and baseless. In the circumstances as discussed above, inspite of request, inspite of payment of fee, inspite of orders by the officers, not to permanently disconnect the connection is a deliberate deficiency in service, if not dishonesty.

IT is nowhere on the record that till today the permanent disconnection has been made. Therefore, the complainant is entitled to all the reliefs as claimed and the appeal is to be allowed because the judgment of the learned Forum is not, at all, correct. However, on compensation and economic loss, no economic loss has been proved. The complainant had to suffer for harassment in the hands of the Electricity Department by forcing her to file a complaint in the Forum and asking her to make payment inspite of her requests for permanent disconnection. In the circumstances, as such, she is entitled to Rs. 5,000/- as compensation. She is also entitled to the cost of the proceedings which is tentatively assessed for Rs. 2,000/-. ORDER The appeal is hereby allowed. The judgment and order dated 29.10.2002 passed by District Forum, Haridwar is, hereby, set aside. The complaint is allowed. The opposite parties are directed to permanently disconnect the connection and remove their meters, line and wires etc. They are further directed not to realise any charge after March, 1999 in respect of this connection. The complainant shall get a sum of Rs. 5,000/- as compensation and Rs. 2,000/- as cost of litigation of Forum as well as this Commission. Appeal allowed.