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Judgment
BY this appeal, under Section 15 of the Consumer Protection Act, 1986, the order dated 15.2.2003 in Complaint No. 249/2004 by the District Consumer Disputes Redressal Forum, Raipur, (hereinafter called the ''District Forum'' for short) has been challenged.
INDISPUTABLY, the complainant/appellant is the owner of a shop situated on Ring Road No. 1 at Raipur. He submitted an application to the appellant for giving electric connection in the said shop. The appellant demanded along with other charges, strengthening charges of Rs. 6,250. According to the complainant, the appellants are not entitled to recover strengthening charge from him and prayed in the complaint that the other charges for giving connection be recovered, but without recovery of strengthening charges as demanded by the appellant. The complaint was resisited by the appellants. According to them, the system strengthening charges were recoverable from the complainant and that he was explained the position regarding the recovery of the system strengthening charges.
The District Forum in the impugned order held that system strengthening charge could not be demanded from the complainant as per circular dated 15.7.2000 of the appellants. Hence the complaint was allowed, and it was directed that the complainant would be entitled to get connection without paying system strengthening charges.
ARGUMENTS of the learned Counsel for the parties were heard. Record of the District Forum perused. The only controversy is regarding recovery of system strengthening charges from the complainant/respondent. The appellant/electricity board relied upon the circular dated 15.7.2000 for recovery of system strengthening charges. It may be stated that the system strengthening charge was directed to be recovered by the said circular, for laying line for supply of electricity to multi-storeyed buildings and commercial complexes. It was also mentioned in the said circular, that the recovery of system strengthening charges as per procedure prescribed in the said circular shall be made applicable to the buildings including commercial complexes with minimum of 4 storeys. (ground + 3 storeys) subject to the condition that individual building should have minimum 16 flats or in the case of floors having not been converted into the flats, the load of the building shall be minimum 50 KW.
IN the instant case, neither the building of the complainant was a 4 storeyed one, nor the load of building was to the minimum of 50 kw. That does not appear to be the case of the appellants themselves. It is, therefore, clear that appellant/electricity board could not justifiably demand system strengthening charges for giving electric connection to the shop of the complainant/respondent. The finding as above of the District Forum is justified and calls for no interference. This appeal has no substance. It is accordingly dismissed. The impugned order is affirmed. The appellants shall bear their own cost and shall pay that of the respondent which is quantified at Rs. 1,000 (Rupees one thousand) only. Appeal dismissed.