Petitioner was the opposite party before the District Forum.

        Briefly stated the facts of the case are that complainant/respondent applied for a seasonal electricity connection.   Petitioner issued a demand notice of Rs.48,000/- on 21.2.2003 on account of service charges and other expenses.  Respondent deposited the said amount and MS connection bearing account No.34/0035 was released.  Respondent paid the bills regularly and nothing was due against it.  After installation of the connection, the petitioner demanded Rs.96,000/- on the ground that it had wrongly calculated the amount while issuing the demand notice and issued a demand of Rs.48,000/- instead of Rs.96,000/-.  Under the threat of disconnection of the electricity, the respondent agreed to deposit the said amount in instalments.        

        Aggrieved by the amount taken by the petitioner, respondent filed complaint before the District Forum.

District Forum dismissed the complaint. 

Being aggrieved, the respondent filed the appeal before the State Commission.  State Commission partly allowed the appeal by observing thus :

“It is not disputed before us that there was a mistake in issuing the notice of demand initially as the demanded amount was only Rs.48,000/-. This demand was made on 21.02.2003. The amount was deposited and connection was released. When the mistake was detected, additional sum was asked for which the complainant tried to pay but showed its helplessness to pay the balance amount. Why con’t it say that had the correct amount been initially demanded, the complainant might not have gone in for getting an electricity connection. Of course, when additional demand was raised, he asked for installments but that would not mean that a binding contract came into being. The Electricity Board cannot take advantage of its own wrong and on the other side there cannot be any estoppel against the complainant to say that he is not interested in electricity connection in as much as for the expenses that he is being asked to incur now are not affordable. So for as the complainant is concerned, he has stated that let the electricity connection be disconnected and amount be refunded to him. We are not oblivious of the fact that for some period the Complainant has enjoyed the electricity connection but we also cannot forget the Electricity Board has also used the money which was deposited by the appellant.

In these circumstances, we are of the view that the electricity connection may be disconnected and the amount deposited by the appellant be refund to it by the Electricity Board without any interest within a period of 30 days of the receipt of copy of this order failing which it will carry interest @ 9% p.a. from the date of order till payment.

The appeal stands disposed of accordingly. No costs.”

        We agree with the view taken by the State Commission.  The petitioner could not take advantage of its own wrong.  Petitioner had demanded Rs.48,000/-, which were paid by the respondent.  Subsequently, on realizing that a short payment has been made due to wrong demand notice sent, petitioner demanded additional amount which the respondent agreed to pay in instalments.  Later on, the respondent realized that he was not in a position to pay the additional demand and accordingly agreed to get the electric connection disconnected.  Under these circumstances, in order to balance the equities between the parties, the State Commission directed the petitioner to refund the sum of Rs.48,000/- deposited by the respondent within 30 days of the receipt of the copy of the order without any interest, failing which the awarded amount was to carry interest at the rate of 9%.  State Commission further ordered that the electric connection be disconnected.  Order passed by the State Commission is just and equitable.  No ground for interference is made out.  Dismissed.

        Petitioner is directed to pay the sum of Rs.48,000/-, if not already paid, to the respondent within 6 weeks from today, failing which the awarded amount shall carry interest at the rate of 9% from the date of passing of the order by the State Commission, i.e., 10.5.2007, till realization.