Dated: 04.05.2023

O R D E R

BY HON’BLE Mr. JUSTICE HULUVADI G RAMESH : PRESIDENT

1. This Appeal filed by OP under Section 41 of Consumer Protection Act, 2019, aggrieved by an order dated 28.09.2022, passed in CC/65/2019 by District Consumer Disputes Redressal Commission, Bidar (herein after referred as District Commission and the parties arrayed as in the consumer complaint)

2. Commission examined grounds of appeal and impugned order.  Accordingly found satisfied to dispense with issuance of notice to be served on respondent.

3. Respondent/Complainant filed Consumer Complaint before District Commission alleging deficiency in service on the part of OP/appellant for disconnecting electricity to his house with RR.No.10493A, without any dues and prior notice. The Commission below after holding detailed enquiry recorded sound reasons and passed an impugned order directing OP to pay Rs.25,000/- as compensation and Rs.5,000/- towards cost of litigation within 45 days failing which the said amount shall carry interest @ 09% p.a. from the date of order till realization.  It is this order being assailed in this appeal contending that the Commission below erred in awarding compensation of Rs.25,000/- without any basis as the complainant/respondent himself in his complaint has sought for compensation of Rs.15,000/-, has some considerable force. No doubt the complainant/respondent has suffered without electricity in his house for more than 02 months.  But when complainant/respondent himself has claimed for Rs.15,000/- as compensation in his complaint, the Commission below without recording any reasons as to why such amount is awarded by directing OP/appellant to pay Rs.25,000/- as compensation has to be held unjust.  In our view, the quantum of compensation awarded by the Commission below was without considering what actually the just compensation.  In such view of the matter, as the OP preferred this appeal by depositing Rs.15,000/- towards statutory deposit and the complainant in his complaint has sought for compensation of Rs.15,000/-, in our view, it would be just and proper to refund this statutory deposit of Rs.15,000/- to the complainant/respondent as compensation to meet ends of justice.  With such conclusion, Commission proceed to allow the appeal in part by modifying the impugned order.

4. The Amount in deposit is directed to be transferred to Commission below and the Commission below is directed to return the amount in favour of complainant/respondent with proper identification by his advocate.

5. Send a copy of this Order to the District Commission and parties to the appeal.

Lady Member              Judicial Member                        President

*GGH*