Per Shri P.N. Kashalkar – Hon’ble Presiding Judicial Member:

(1)                This is an appeal filed by M.S.E.D.C. Ltd. (Formerly The Maharashtra State Electricity Board) against the judgement and award passed by Consumer Disputes Redressal Forum, District Thane in Consumer Complaint No.217/1997 decided on 15.09.1999.  By the said judgement and award the District Forum was pleased to direct M.S.E.D.C. Ltd., Nallasopara, District Thane, to pay to the Complainant sum of `33,602/- by way of refund of excessive electricity bills collected as damages and also directed to pay special damages for mental agony and inconvenience of `10,000/- and cost of `1,000/-.  Aggrieved by this order the M.S.E.D.C. Ltd. has filed this appeal.

(2)                Heard submissions of Advocate Mr.Mahagaonkar and Respondent in person.

(3)                On facts, we are finding that the District Forum has rightly appreciated the same and recorded finding that meter installed at the house of Complainant/Respondent was running properly as revealed from the testing report and when meter was running properly bills should have been issued by M.S.E.D.C. Ltd. in terms of meter reading, but, for the reasons best known to them Appellant’s local staff did not take meter reading properly and issued Bill noting that meter was faulty.  He has mentioned on the meter reading card the units consumed by Respondent/original Complainant.  In this fashion the bills were issued and ultimately on one fine morning they had issued bill of `16,673/- and they had also issued another bill of huge amount.  These bills were challenged and it was the contention of the Respondent that M.S.E.D.C. Ltd. had recovered illegally amount of `33,602/- in terms of bills as the actual reading was zero or nil in many months.  The District Forum upon perusal of documents and upon hearing Appellant had directed M.S.E..D.C. Ltd. to pay an amount of `33,602/- to the Respondent and also directed to pay `10,000/- for mental harassment and `1,000/- as costs.  As such M.S.E.D.C. Ltd. has filed this appeal.

(4)                In the course of arguments Mr.Mahagaonkar, confined to the compensation amount awarded by the District Forum and according to him amount of `10,000/- is on higher side and by allowing the appeal partly the said amount should be reduced substantially because even otherwise the District Forum directed Appellant to refund `33,602/- to the Complainant.  We are finding substance in the submissions made in this behalf.  The amount of compensation in the circumstances awarded by way of mental agony is appearing to be higher side and so by allowing appeal partly we reduce the said amount to `5,000/- payable by M.S.E.D.C. Ltd. Company for mental harassment while maintaining rest of the order in tact.  Hence, we pass the following order:

O  R  D  E  R

         (i)          In operative order passed in the judgement of Consumer Complaint No.217/1997 compensation of `5000/- is to be read in place of `10,000/-.

       (ii)          Rest of the order is confirmed.

     (iii)          We direct M.S.E.D.C. Ltd. to adjust this amount in future electricity bills payable by Respondent.

     (iv)          Parties to bear their own costs.

       (v)          Inform the parties accordingly.