NCDRC

NCDRC

RP/1167/2011

M/S. MAYUR MEDICALS - Complainant(s)

Versus

CHAIRMAN, BIHAR STAE ELECTRICITY BOARD. & ORS. - Opp.Party(s)

M/S. KARANJAWALA & CO.

13 Mar 2013

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 1167 OF 2011
 
(Against the Order dated 07/01/2011 in Appeal No. 508/2007 of the State Commission Bihar)
1. M/S. MAYUR MEDICALS
R/o. Mohalla Bhikhanpur, Firoz Palace, P.S. Kotwali
Bhagalpur
Bihar
...........Petitioner(s)
Versus 
1. CHAIRMAN, BIHAR STAE ELECTRICITY BOARD. & ORS.
Through its Chairman, Viddhut Bhawan, Beli Road
Patna
Bihar
2. GENERAL MANAGER CUM CHIEF ENGINEER
Bhagalpur Area ELectricity Board
Bhagalpur
Bihar
3. ELECTRICAL EXECUTIVE ENGINEER
Urban Electric Supply Division, Mojahindpur
Bhagalpur
Bihar
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE ASHOK BHAN, PRESIDENT
 HON'BLE MRS. VINEETA RAI, MEMBER
 HON'BLE MR. DR. S.M. KANTIKAR, MEMBER

For the Petitioner :
Mr. Jasmeet Singh, Ms. Shuchi Singh and
Mr. Aakarshan Sahay, Advocates
For the Respondent :MR. MOHIT KUMAR SHAH

Dated : 13 Mar 2013
ORDER

Complainant/petitioner who is running a medicine shop in the name of style of Mayur Medicals situated in Kumar Mart, Mahatama Gandhi Road, Bhagalpur, was having a electrical connection since 7.2.1989 in the name of his son Asif Iqbal.  Said shop was ransackd during the communal riots on 24.10.1989.  The electricity meter and the cables were taken away by the rioters.  Petitioner informed the concerned Police Station about the same.  FIR was lodged on 2.11.1989 and a written request was made to the respondents for installing a new meter for supply of electricity.  Respondents did not install the meter as the investigation officer of the respondents demanded the filing of the final report of police from the complainant.  Being aggrieved, petitioner filed the complaint before the District Forum in the year 2000 which has been dismissed as barred by

 

 

-3-

limitation.  Order passed by the District Forum has been upheld by the State Commission.

             On 12.12.2011, when the case came up for admission hearing, counsel for the respondents stated that the respondents have no objection to the restoration of the electricity provided the petitioner pays the arrears of Rs.50,937.90p.  In para 3 of the affidavit (Pg.84), respondents have stated that the meter reader had taken the meter reading of each month on the basis of which the bill was raised upto July 1998.  Respondents were directed to put on record the meter reading taken by the meter reader.

             After taking 3 adjournments, counsel for the respondents stated that part of the record was destroyed in a fire and the meter reading bills are available from 1998 onwards.  Counsel for the respondents was directed to file an affidavit that part of the record had been destroyed in a fire and produce the meter reading bills from 1998 onwards.  He was also directed to work out a formula by which this dispute could be settled. 

 

-4-

             Respondents filed the affidavit, copy of which was handed over to the counsel for the petitioner.  As per the affidavit, the respondents have raised a demand of Rs.55,556/-.  In addition, respondents have claimed surcharge @ 20% p.a. from 1998 onwards for the delayed payment. 

             The meter of the petitioner had been taken away on 24.11.1989.  There was no supply of electricity to the petitioner from that date onwards.  The meter reading done by the respondents after the year 1989, would not be of much relevance.  Bills raised for the arrears prior to 07.02.1989 would be the only relevant bills.

             Case was adjourned for today to enable counsel for the parties to find a solution to the problem.  Counsel for the parties have left it to the court to resolve the dispute.  Keeping in view the facts and circumstances of the case, we direct the petitioner to deposit Rs.25,000/- in all towards arrears of electricity and complete other formalities within six weeks from today.

             Respondents are directed to restore the electricity within one weeks of deposit of Rs.25,000/-.

 

-5-

             Revision petition stands disposed of in above terms.

         

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER
......................
DR. S.M. KANTIKAR
MEMBER

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.