Heard learned counsel for the  appellant and learned counsel for respondent No. 5. No other parties have appeared.

2.     This appeal is filed u/s 15 of the Consumer Protection Act (hereinafter called the ‘Act’ in short). Parties hereinafter were arrayed as the complainants and OPs as per their nomenclature before the learned District Forum.

3.     The case of the complainant is that the complainant has deposited a sum of Rs. 3,322/- with the OPs for taking new electric connection but the OPs did not give the electric connection. So, the complaint was filed.

4.     OPs filed written version stating that the complainant is unauthorized occupant and a stranger to the said quarter  for which they are not ready to give connection. But they are ready to refund the money. So, they have no deficiency in service on their part.

5.     After hearing both the parties, the learned District Forum passed the following order:-

“xxx          xxx             xxx

On the above mentioned facts and circumstances the OPs are found to be deficient in their service, hence the complaint petition is hereby allowed with directing the OPs to give a new electric connection in the premises of complainant and pay a sum of Rs.500/- (Rupees five hundred) only to the complainant towards litigation costs within 15(fifteen) days from the date of receipt of this order.

Accordingly the case in hand is disposed of.”

6.     Learned counsel for the appellant who is not a party before the learned District Forum but being prejudiced by the impugned order has filed the appeal. According to him OERC (Conditions of supply) Code, 2004 has been violated and thereby the OPs have not given electric connection to the complainant. He, therefore, submitted that the direction of the learned District Forum is absolutely illegal and arbitrary.  So, he submitted to set aside the impugned order by allowing the appeal.

7.     Learned counsel for respondent No. 5 supports the appellant.

8.     Considered the submission of learned counsel for the respective parties and perused the impugned order including the DFR.

9.     Regulation 4(1) of the OERC (Conditions of Supply) Code, 2004 is as follows:-

                “xxx    xxx    xxx

4(1) The application after filling in shall be signed by the owner or the lawful occupier with the consent of the owner of the premises for which supply is required and shall be submitted at the local office of the engineer along with a non-refundable fee not exceeding the amount as fixed below together with a sketch map of the premises and documentary evidence of his ownership or occupation of the premises in question. Any assistance or information required for filling up the application may be obtained by the applicant from the local office of the engineer.”

10.   In view of above discussion, the action taken by the OPs is quite proper but the impugned order is wrong and illegal. Therefore, it is set aside and appeal stands allowed. No cost.

          DFR be sent back forthwith.

          Statutory amount deposited be refunded to the appellant with interest accrued thereon if any on proper identification.

         Supply free copy of this order to the respective parties or the copy of this order be downloaded from Confonet or Website of this Commission to treat same as copy supplied from this Commission.