JODHPUR VIDHYUT VITARAN NIGAM LTD. vs Sikander Singh

THIS appeal has been filed by the appellants against the majority order dated 4.9.2004 passed by the District Forum, Hanumangarh in Case No. 285/2003 by which the complaint of the complainant-respondent was allowed in the manner that the electric bill Ex. C-1 for the month of Dec. 2003 which was issued by the appellants against the complainant respondent by which demand was made on the basis of increased load was quashed and set aside and it was ordered that the appellants shall not recover the amount from the complainant-respondent on the basis of increased load and the appellants were further directed to issue amended bill against the complainant-respondent on the basis of sanctioned actual load of 5 HP.

IT may be stated here that majority order dated 4.9.2004 allowing the complaint was passed by two members of the District Forum, Hanumangarh while President of the District Forum, Hanumangarh had passed different order on 4.9.2004 to the effect that the complaint of the complainant-respondent deserves to be dismissed. Since in this case there is difference of opinion and majority view was of members of the District Forum and the minority view was of President of the District Forum and looking to the entire facts and circumstances of the case, since the matter requires reconsideration and re-examination minutely by the District Forum, therefore, both orders passed by two members of the District Forum as well as President of the District Forum cannot be sustained and liable to be quashed and set aside and this appeal deserves to be allowed and the matter is to be remanded back to the District Forum, Hanumangarh with the directions to decide the same afresh in accordance with law, after hearing parties.

Accordingly, this appeal filed by the appellants is allowed and the impugned majority order dated 4.9.2004 passed by two Members of the District Forum, Hanumangarh as well as the order dated 4.9.2004 passed by the President of the District Forum, Hanumangarh in Complaint Case No. 285/2003 are quashed and set aside and the matter is remanded back to the District Forum, Hanumangarh with the directions to decide the same afresh in accordance with law, after hearing parties. Parties are directed to appear before the District Forum, Hanumangarh on 12.12.2005. Appeal allowed.