Executive Engineer Oandm M P Electricityboard vs SANTOSH KUMAR

THIS appeal is directed against the order dated 5.7.94 passed by the District Forum, Morena in Case No.132/92.

THE appeal arises out of a complaint filed by the respondent. Briefly the case of the complainant was Hiat an application for grant of connection for supply of electrical energy on his premises for running an oil mill had been submitted, that the application was allowed and the amount as directed by the opponents was deposited but no connection was granted to him. According to the complainant a false allegation was made against him that he had illegally secured supply of electrical energy and he was sent a bill demanding from him a sum of Rs. 9,473/ - as charges for unauthorised use for electricity. The complainant therefore filed a complaint seeking relief under the provisions of the Consumer Protection Act, 1986, hereinafter referred to as the Act. The claim was resisted by the opponents, but the District Forum by impugned order allowed the complaint. Aggrieved by that order, the appellant has filed this appeal. Having heard learned Counsel for the parties we have come to the conclusion that this appeal deserves to be dismissed on the ground that the appeal is barred by limitation. The order of the District Forum passed on 5.7.94 was received by the appellant on 6.7.94 as admitted by him in his affidavit. The appeal was however preferred on 31.8.94. It was obviously barred by time. The only ground urged for condonation of delay was that there was administrative delay in giving sanction to file the appeal. In our opinion, this cannot be a sufficient cause for condoning delay. Moreover even on merits the appeal deserves to be dismissed. If according to the appellant, the complainant had prior to grant of connection committed theft, which allegation was vehemently denied by the complainant, the appellant could have commenced appropriate Civil and criminal proceedings against the complainant in that behalf. No case has been made out for interference in appeal.

THE appeal therefore fails. In the circumstances of the case parties shall bear their own costs. Appeal dismissed.