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Judgment
This revision petition has been filed by the petitioner against the order dated 13.03.2012 passed by the Haryana State Consumer Disputes Redressal Commission, Panchkula (in short, ''the State Commission'') in Appeal No. 214/09 - Uttri Haryana Bijli Vitran Nigam Ltd. & Anr. Vs. Krishan Kumar by which, while allowing appeal, order of District Forum allowing complaint was set aside and complaint was dismissed.
Brief facts of the case are that Complainant/petitioner is a consumer of OP/respondent and has taken electricity connection on 18.10.2001 for running poultry farm. It was further submitted that he has deposited all the charges as per rules. On 13.10.2006, OP levied development charges of Rs.88,450/- illegally and asked complainant in March, 2007 to pay aforesaid charges, though, they were not payable. It was further submitted that complainant is not engaged in any commercial activity and poultry farming is included within category of agricultural pursuits. Alleging deficiency on the part of OP, complainant filed complaint for quashing aforesaid demand. OP resisted complaint and submitted that as per sales circular of OP, demand of development charges was rightly made and complainant is bound to pay and prayed for dismissal of complaint. Learned District Forum after hearing both the parties allowed complaint and restrained OP from recovering development charges of Rs.88,450/-. Appeal filed by OP was allowed by learned State Commission ex-parte vide impugned order against which, this revision petition has been filed.
Heard learned Counsel for the parties finally at admission stage and perused record.
Learned Counsel for the petitioner submitted that as poultry farm is covered under agriculture, demand raised by OP was contrary to rules and learned District Forum rightly quashed demand, but learned State Commission committed error in allowing appeal; hence, revision petition be allowed and impugned order be set aside. On the other hand, learned Counsel for the respondent submitted that in the light of instructions dated 7.12.2007, order passed by learned State Commission is in accordance with law; hence, revision petition be dismissed.
It is not disputed that complainant has taken connection for running his poultry farm on his agricultural land. Complainant mentioned in the complaint that OP levied development charges on 13.10.2006 and intimated to the complainant in March, 2007 for payment of aforesaid charges. Perusal of original bill reveals that this bill was sent to complainant on 14.2.2007. Learned District Forum allowed complaint as OP failed to submit any sales circular of OP on the basis of which, development charges have been demanded from the complainant. Learned District Forum rightly observed that neither any sales circular was produced nor any specific number and date of sales circular was mentioned in the written statement as well as affidavit filed by OP.
State Commission while placing reliance on instructions dated 7.12.2007 set aside order of District Forum. Demand was raised in October, 2006 intimated to complainant on 14.2.2007 which could not have been made in pursuance to minutes dated 7.12.2007. Had minutes dated
12.2007 been given retrospective effect and demand created afterwards in pursuance to these minutes, there would have been different position, but as demand was raised in October, 2006 without any basis, learned District Forum rightly quashed demand and allowed complaint, but learned State Commission committed error in allowing appeal on the basis of subsequent minutes dated 7.12.2007 which were not applicable to the demand raised by OP and in such circumstances, impugned order is liable to set aside.
Consequently, revision filed by the petitioner is allowed and order dated 13.3.2012 passed by learned State Commission in Appeal No. 214/09 - Uttri Haryana Bijli Vitran Nigam Ltd. & Anr. Vs. Krishan Kumar is set aside and order dated 4.11.2008 passed by learned District Forum in Complaint No. 16/2008 - Krishan Kumar Vs. The AEE, Uttri Haryana Bijli Vitran Nigam Ltd. & Anr. is confirmed. There shall be no order as to costs.