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Judgment
MR. Soni, the learned advocate appearing on behalf of the appellant argued that the appellant was in service of S.T. Corporation and according to the agreement the S.T. Corporation was obliged to pay the electricity bill till he retires. According to the arrangement by the S.T. Corporation with the Electricity Board, the Corporation has to deduct the amount of electricity bill from the salary of the complainant-appellant and pay the same to the Electricity Board.
THAT the present bill is in respect of the period October-November, 1990 and obviously the responsibility to pay these bills has been taken over by the S.T. Corporation. Mr. K.B. Kothari, Dy. Superintendent appearing on behalf of the Gujarat Electricity Board states that the G.E.B. has not been paid the amount of energy bill for October-November 1990 and also the energy bill for December 1990. If the S.T. Corporation does not pay the amount the Corporation is entitled to recover the same from the complainant.
It appears that the parties were not clear before the District Forum and the facts as stated above has not been clearly stated or decided. We feel that in the interest of justice the case should be remanded to the District Forum and the S.T. Corporation should be made a party so that the liability for the payment of the bills can be ascertained.
THE complainant-appellant agrees to join the S.T. Corporation as an opponent. Mr. Kothari has no objection if such a course is taken because G.E.B. is concerned with the payment of bills and not person. In view of the aforesaid facts and circumstances we allow the appeal and direct the District Forum to decide the complaint after S.T. Corporation is joined as a opposite party by the complainant. ORDER The appeal is allowed. The order of the District Forum is set aside. The complainant shall join the S.T. Corporation as opposite party and the District Forum will give full opportunities to all the parties to file their versions and evidence and decide the complaint in accordance with law. The cost will be the cost in the cause. The complainant-appellant has agreed to pay for the electricity consumption after 1.1.91. If the consumption subsequent to 1.1.91 are paid by the complainant within 2 weeks from today, the Board shall not disconnect the power supply till the disposal of the complaint. The Board may take action if the consumption charges are not paid within the time permitted by the Commission. The Board may sent a revised bill for the purpose of finding out the consumption keeping the arrears in abeyance till the disposal of the complaint. Appeal allowed.