U.P.S.E.B. vs BAHADUR SINGH DHAPOLA

THIS is an appeal against the order dated 9.5.1994 passed by the District Forum, Pitthoragarh whereby the appellant was directed to pay a compensation of Rs. 4,000/- (Rupees four thousand) to the complainant.

THE dispute in this case is very limited. The complainant filed a complaint with the allegations that he is entitled to rebate on his unit but he was not given rebate for about 4 and a half years. Therefore, he suffered loss. He claimed several types of compensations but the learned Forum allowed only compensation to the extent of Rs. 4,000/- (Rupees four thousand) finding deficiency in service of the appellant in giving the rebate after a span of about 4 and a half years.

The appellant has admitted in its written statement that the rebate was given after 4 and a half years. The rebate which should have been given in each bill, has been given after about 4 and a half years. This in itself a deficiency in service. The written statement of the appellant only says that this is not a consumer dispute because this is industrial unit. The learned Forum has held on evidence that this was not a commercial unit, it was run by the complainant as Small Scale Industry for his livelihood and earnings, therefore, this shall not be for commercial purposes. There was no other plea before the learned Forum except the jurisdiction of the District Forum. Here in this appeal, the learned Counsel for the appellant Dr. R.K. Garg, Advocate vehemently argued that the complainant was not entitled to rebate. Such a plea has not been taken before the learned Forum and this cannot be allowed to be taken here for the first time. To the contrary, the appellant has conceded that rebate was given to the complainant but it was given late and this is exactly the deficiency in service due to delay in giving the rebate, which was decided by the learned Forum and we find that this delay of 4 and a half years is nothing else but deficiency in service and the learned Forum was perfectly justified in granting the compensation of Rs. 4,000/- (Rupees four thousand), which cannot be said on the higher side in the circumstances of the case. Any amount of evidence or argument that the complainant was not entitled to rebate is of no value, when the plea has not been taken before the learned Forum.

IN view of what has been said above, the appeal is liable to be dismissed. ORDER The appeal is hereby dismissed. Cost of this appeal shall be easy. Appeal dismissed.