RAM KRISHNA vs Delhi Electric Supply Undertaking

THIS appeal is directed against order dated 25.3.1997, passed by District Forum, Janakpuri, New Delhi in Complaint Case No. 180/1997 - entitled Shri Ram Krishan & Ors. v. The General Manager, D.E.S.U.

THE relevant facts, in brief are, that the appellants had filed a joint complaint before the District Forum with the following grievances : (a) that because of frequent load shedding in their area electricity was not available for several hours at a stretch as a result of which education of their children was suffering and they were unable to carry out their daily chores; (b) that the respondent had been sending wrong bills and, as such, the appellants had to waste lot of time standing in queue for rectification of the same in the office of the respondent; (c) that though a separate transformer had been provided for the colony of the appellants yet for getting their complaints registered they had to walk 2 kms. to Milap Nagar Power House of the respondent; (d) that pole Nos. 19 and 54 were earlier provided with tube lights, thereafter tubes were replaced by bulbs and now even the bulbs were non-functional, as a result of which the appellants had to face lot of inconvenience at night; (e) that the respondent was liable to pay interest on the security deposit deposited by the appellants with the respondents in respect of their meters; and (f) that as a result of all the inconveniences being faced by the appellants on account of the deficiencies and defaults on the part of the respondent the appellants were entitled to Rs. 1,33,225/- as per details enclosed as Annexure 2 to the complaint.

Accordingly, the appellants had filed a joint complaint before the District Forum praying for the redressal of their above said grievances. The respondent in its reply/written version, filed before the District Forum had raised the preliminary objection that the complaint, filed by the complainants, was not maintainable in view of the fact that the same was of general nature without mentioning any specific details. On merits it was stated that the respondents were providing regular supply of electricity to the colony of the appellants and ever since computerization the bills were prepared regularly and checked before dispatch to the consumer and furthermore the staff had been directed to correct the bill in case of discrepancy without any inconvenience to the public. It was, however, admitted that in the area of Uttam Nagar in the absence of proper municipal numbers, the electricity bills of times could not be delivered at the correct residential address of the consumers, however, the respondent had made ample arrangement for issuance of duplicate bills to such consumers. It was also submitted by the respondent in its reply/written version that the appellants had not furnished any details of the amount of compensation claimed and, as such, the complaint, filed by the complainants, being vague was liable to be dismissed with costs in favour of the respondent.

The learned District Forum on the basis of material on record, upheld the objection of the respondent and dismissed the complaint of the appellants on the ground that the allegations in the complaint were of general nature without furnishing any details and as such the same was not maintainable and no action could be taken by the District Forum in respect of the grievances alleged by the appellants in their complaints.

AGGRIEVED by the aforesaid order, the appellants have approached this Commission by filing the instant appeal. We have carefully perused the documents/material placed on record, as well as, have carefully gone through the written submissions, filed on behalf of both the parties. We have also heard the arguments addressed on behalf of the parties at length. The appellants in the present appeal have restricted their grievance to the non-availability of electricity in their colony for long hours. In this regard it has been contended on behalf of the appellants that the learned District Forum had observed vide impugned order that no specific instance on details had been furnished with regard to the said allegation of the appellants whereas the said details of non-availability of electricity for long hours, giving specific date and timings were duly furnished and placed on record by the appellants, as Annexure-I, along with the complaint before the District Forum. We had summoned the record of the concerned District Forum and on a perusal of the same it is found that the complaint, filed by the appellants, was indeed accompanied by Annexure-I giving detail of the timings and the duration when there was no electricity in the colony in question on several occasions. The said fact was also mentioned by the complainants in their affidavit filed by way of evidence before the District Forum. Accordingly, it appears that the said documents had escaped the notice of the learned District Forum while adjudicating upon the complaint and, as such, the case is remanded back to the concerned District Forum with directions to decide the same on merits after considering all the data/documents/material placed on record before it by both the parties, only with reference to grievance of the appellants regarding non-availability of electricity/load shedding for long hours.

HOWEVER, before parting with the order it is clarified that nothing contained in this order shall amount to an expression of any opinion on the merits of the case which shall be decided by the learned District Forum afresh on the basis of material placed on record before it by both the parties. Accordingly, the present case is remanded back to the concerned District Forum with the aforesaid directions to decide the complaint as expeditiously as possible. The present appeal, filed by the appellants, stands disposed of in above terms. Appeal disposed of.