NCDRC

NCDRC

RP/3486/2011

GULSHAN JAIN - Complainant(s)

Versus

DAKSHIN HARYANA BIJLI VITRAN NIGAM LTD. - Opp.Party(s)

IN PERSON

19 Jan 2012

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 3486 OF 2011
 
(Against the Order dated 23/08/2011 in Appeal No. 1184/2007 of the State Commission Haryana)
1. GULSHAN JAIN
S/o Shri Tara Chand 606/4/27,Gali No-8, madan Puri
Gurgoan - 122001
Haryana
...........Petitioner(s)
Versus 
1. DAKSHIN HARYANA BIJLI VITRAN NIGAM LTD.
Through its Assitant Engineer/Sub Divisional Officer, Sector-4,Urban Estate
Gurgoan - 122001
Haryana
...........Respondent(s)

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

For the Petitioner :IN PERSON
For the Respondent :NEMO

Dated : 19 Jan 2012
ORDER

Petitioner filed the complaint with regard to two bills dated 21.02.2005 and 10.01.2006 for Rs.22,530/- and 53,533/- respectively drawn on the complainant in respect of his electricity connection on average consumption basis.  The said bills were returned by the complainant/petitioner to the respondent for rectification on 03.02.2006 but nothing was done.  It is alleged that no bills were sent by the respondent thereafter; that the meter of the petitioner/complainant was replaced by the respondent arbitrarily on

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19.01.2005; that the supply of the petitioner was disconnected on 19.05.2006; that the petitioner suffered a loss of Rs.500/- per day on account of disconnection.  Petitioner prayed for restoration of the electricity and a direction to the respondent to pay Rs.10,000/- as penalty, to bear the loss of Rs.500/- per day from 19.05.2003 till the restoration of the supply and to pay compensation of Rs.20,000/- and quashing of all bills issued after 30.12.1996.

District Forum allowed the complaint and directed the respondents to overhaul the bills dated 21.02.2005 and 10.01.2006 without any surcharge.  Respondents were directed to restore the electricity to the petitioner forthwith subject to clear of all dues within one month.  Respondent was also directed to refund any excess amount, if any, paid by the petitioner with interest @ 6% p.a. from the deposit till actual payment. 

Respondents accepted the order of the District Forum and did not file appeal.

Petitioner not satisfied with the order passed District Forum filed the appeal before the State Commission which has dismissed

 

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the same with observations that the petitioner in the appeal was claiming reliefs beyond what were claimed in the complaint.

We agree with the view taken by the State Commission that relief more than what had been granted by the District Forum could not be granted.  District Forum had directed the respondent to restore the electricity and overhaul the bills dated 21.02.2005 and 10.01.2006 without any surcharge.  Respondents were also directed to refund any excess amount had been paid by the petitioner with interest                @ 6% p.a.  No further relief could have been granted to the petitioner.  Dismissed.

 

 

 
......................J
ASHOK BHAN
PRESIDENT
......................
VINEETA RAI
MEMBER

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