RADHA SWAMI ICE FACTORY vs JAIPUR VIDYUT VITRAN NIGAM LTD.

HEARD Delay of 34 days condoned. The grievance of the appellant in his complaint was that the meter of the appellant was got burnt on 27.3.1994 and although he had duly deposited the cost of the new meter with the respondent Board but the burnt meter was not replaced with the new one and, therefore, he was put to suffer great loss in the matter of running his business. His further grievance was that although he was not consuming any electric energy on his burnt meter, but still then demands were being raised against him by the respondent. In the reply filed by the respondent it was though admitted that the meter of the appellant was burnt due to fire having broken out in the factory of the appellant, yet supply of electric energy through replacement of the burnt meter was not restored to him on the ground that he had not deposited the amount of Rs. 11,000, which were due from him upto May, 94.

IN support of their respective claims the parties appear to have filed a number of documents. The D.F., therefore, took the view that the case involved complicated and complex questions of facts which cannot be investigated and enquired into by the Forum within its summary jurisdiction. The D.F., therefore, dismissed appellant''s complaint directing him at the same time to seek his remedy from the Civil Courts, if so advised. In our opinion no complex and complicated questions of facts were involved in this case as the dispute between the parties simply was whether the respondent had rendered deficient services to the appellant by not restoring supply of electric energy to him by replacement of a new meter. Such dispute could have been settled by the D.F. after taking into account the evidence produced by them. It may be stated that it was a case where the grievance of the appellant related to the deficiency in service on the part of the respondent and such cases of deficiency in service may yet be decided by the D.F. as per provisions of the unamended Act.

In view of the above the impugned order is set aside and the matter restored to the D.F. for disposal of appellant''s complaint according to law and on merits after giving an opportunity of being heard to both the sides. The complaint be disposed of as early as possible, preferably within next 3 months after putting in appearance by the parties before it on 30.4.2004. The record of the Forum be sent forthwith. Appeal allowed.