Tribunals and Commissions(2004) 09 NCDRC CK 0064

DELHI ELECTRICITY SUPPLY UNDERTAKING vs Veer Singh

National Consumer Disputes Redressal Commission · Decided on 28 September 2004 · Citation: 2004 4 CPJ 352

HON’BLE JUDGES
J.D.Kapoor , Rumnita Mittal J.
RESULT
Appeal disposed of

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Judgment

4 paragraphs · 457 words
1.

VIDE impugned order dated 25.1.1996 the appellant DESU was directed to restore the supply of the agricultural electricity connection within one month on the respondent''s completing commercial formalities in respect of change of name and also the appellant shall apprise the respondent of the commercial formalities and in the event of delay in restoration of the supply, the appellant shall be liable to pay damages at the rate of Rs. 50/- for each day''s delay.

2.

APPELLANT''s grievance is limited to the extent that unless and until the respondent produces a certificate from the B.D.O. The appellant will not be in a position to restore the supply as the appellant has been receiving letters from B.D.O. that the applications for restoration of the electricity in respect of agricultural connection on the plots which are situated in the area in question were withdrawn. It appears that the application of the respondent for change of the name after the death of his father was treated as an application for seeking fresh connection though the original connection was given way back in the year 1965. The supply was discontinued in the year 1990 when transformer supplying the energy was removed on account of large scale theft of electricity. There are certain plots in the area in question where supply was restored after the replacement of the transformer.

In view of the fact that the original connection was given in the year 1965 but was discontinued in the year 1990 when the respondent applied for restoration of electricity supply in his name after the death of his father and is in similar case of Jai Prakash Jain District Forum had ordered the restoration of supply which order was upheld in the appeal there was no reason for the appellant for not restoring the connection. It appears that the appellant has not restored the electricity connection in view of the circular dated 11.3.1994 which provides that no fresh connection shall be ordered in respect of the area in question. This circular is applicable only w.e.f. 18.1.1994 and not in respect of previous connections.

3.

WE do not find any merit in the appeal and dismiss the same with the direction to the appellant to restore the electricity connection with one month in the name of the respondent as his father in whose name the original connection was given has expired. The above appeal disposed of in above terms. A copy of this order as per statutory requirements be forwarded to the parties free of charges and also to the concerned District Forum and thereafter the file be consigned to record room. The FDR if any deposited by the appellant be returned to the appellant after completing necessary formalities. Appeal disposed of.