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Judgment
LEARNED counsel for the parties present. Arguments heard.
THE complainants, Shri Raja Ram and two others, took an electricity connection of 7.5 hp load from Jaipur Vidyut Vitran Nigam Ltd. ( herein after referred as ''JVVNL''). Thereafter, the complainants made a request to the petitioner/opposite party to increase the electricity load vide application dated 23.10.2007. It is difficult to fathom why this application was kept pending for a considerable time. This smacks of mala fide intentions on the part of the officers of JVVNL. We have put this question to learned counsel for the petitioner but he has no explanation for this.
LEARNED counsel for the petitioner/opposite party submits that initially the complainants were granted 10 hp electricity load and, subsequently, it was increased to 17.5 hp load w.e.f. 9.11.2009. During the last time the argument urged by him and he still states that the petitioner is using 17.5 hp load even at this stage. Therefore, on the last date of hearing the Commission had to appoint Mrs. Tejinder Virdi, Advocate, as Local Commissioner to find out whether the complainants were using load of 17.5 hp or 10 hp. Ms. Tejinder Virdi, Local Commissioner had reported that the complainants were using load of 10 hp to 10.5 hp. Her report is supported by an expert. It, therefore, means that the executive engineer, JVVNL has filed a false affidavit in this respect. The bizarre conduct of the part of officer of JVVNL is difficult to fathom. It is also clear that the complainants have not paid the electricity bill since October, 2009. Therefore, we modify the order passed by the State Commission and direct the complainants to deposit the electricity charges according to 10/10.5 hp w.e.f. October, 209 till date, which be paid within 60 days from the date of receipt of this order otherwise, the petitioner/opposite party will be entitled to disconnect the electricity connection and will be entitled to file proceedings for recovery of the said amount. The complainants will continue to pay the future electricity charges at 10/10.5 hp load. The OP will issue the fresh bill in accordance with above directions within 10 days from the receipt of copy of this order. Now come to the case of the petitioner, the petitioner has been misleading this Commission all the time. They are guilty of not taking action for about two years in increasing the load and secondly, they have filed an affidavit of Shri Banwari Lal Meena S/o Late Sh. Ambalal Meena, Executive Engineer, Bandikui, JVVNL where he has specifically sworn on oath that as per the load of 17.5 hp, original bills have been issued. He has tried to manipulate the proceedings. He has tried to pull the wool in the eyes of law, Commission and the complainant. He is directed to pay the penalty of Rs.50,000/ -, which be deducted from his salary and the same be deposited with the Consumer Welfare Fund in the name of "Pay and Accounts Officer -Ministry of Consumer Affairs'', payable at New Delhi through demand draft within a period of sixty days from the date of receipt of this order otherwise the Registrar is directed to recover the money as per law. To make the things easy, the demand draft be prepared and handed over to the Registrar of this Commission, who will transmit the same to the concerned department. The delay of two years in increasing the load of electricity smacks mala fides on the integrity of officers of JVVNL. The amount already paid by the complainant shall be adjusted. The impugned order is accordingly modified. The revision petition stands disposed of.
