JUDGEMENT & ORDER

Mr. Asinto Pangge represent complainant Smti Yane Komut.  Mr. Tonning Pertin, Advocate counsel for Deptt. of Power present.

Brief history of the case is that the Complainant Smti Yane Komut with the bank loan under GSMY scheme has established an Ice Cream Parlour at Pasighat market and obtained a separate special line electric connection in addition to normal connection for the deep freezes.

In due course of time, Opp. Party disconnected the special line with no fault of the complainant due to which ice cream products were damaged. Aggrieved by the disconnection, she filed a petition dated 04.10.2005 claiming compensation of Rs. 1,94,450/-for loss of Ice cream products as well as for mental harassment. Vide her subsequent letter No. Nil dated 06.09.2006 submitted to this forum, she raised the claim to 6,16,050/-.

Earlier, this District Forum passed judgment on 25.10.2007 by which Opp. Party was directed to pay compensation of Rs 2,25,000/- . Feeling aggrieved by the order, the Opp. Party appealed to Arunachal Pradesh State Commission, Naharlagun. Again, the State Commission vides its judgment order dated 23.11.2010 remanded back the case to this District Forum for trial afresh. Hence, this proceedings.

 1)     In earlier sitting on 17.12.2014, this Forum was convinced that the special electric connection given to the complainant was disconnected without serving notice in advance and accordingly held opposite party responsible for the loss sustained by the complainant. With this finding, the Forum mandated to examine and assess the quantum of loss sustained by the Complainant in the next hearing.

2)         Mr. Asinto Pangge representative of complainant stand on the claims made in the fresh complaint and pleaded for proceeding as per provisions of the Electricity Act.

3)         On this claim, the Opp party in its affidavit at point No. 5 of dated 28.8.2014 nullified the fresh claims by stating that no fresh cause of action had arisen during pendency of case in the court.

4)         In the original complaint dated 04.10.2005, the complainant claimed compensation of Rs. 1,94,450/- ( i.e. material cost for electric connection Rs. 24,950/-; cost of Ice cream products Rs. 1,19,500/- and compensation of Rs. 50,000/-)

5)         As per directive of State Commission for hearing the case afresh, the Complainant filed a fresh complaint making a claim amounting to Rs. 17,24,450/- (i.e. Expenditure and loss Rs. 1,94,450/- ; Penalty as per Electricity Act for 730 days @ 1000/- i.e Rs. 7,30,000/- ; compensation for monetary loss Rs. 3,00,000/- and compensation for mental harassment Rs. 5,00,000/-).

6)         The Forum does not agree on claims made in fresh complaint as, no new cause of action arose otherwise than the mental agony. Therefore, the matter is to be examined based on the original complaint.

7)         After going through the records and evidence, it is also observed as has been claimed by opposite counsel that the loss sustained by the complainant due to disconnection was not assessed by a reliable party or a Board to substantiate the claims. However, when Opp. Party have considered for giving special electric connection on special ground, we have to presumed that Ice cream Parlour was functioning at that time with minimum products and her claim for loss of ice cream amounting to Rs. 1,19,500/- is nominal.

8)          The other claims of loss made in the complaint except security money of Rs. 1,500/- deposited at the time of giving special connection is however not considered.

9)          It is also felt that the complainant has suffered mental agony and harassment when special electricity connection given to her Ice Cream parlour was disconnected without prior notice by the Opp. Party. 

10)       With the above facts and observation, the Opp. Party, the Department of power is hereby directed to pay compensation of Rs. 1,05,000/- towards loss of Ice cream products and mental agony and harassment suffered by the complainant. The security money of Rs. 1,500/- deposited by the complaint may also be refunded in production of the receipt. The amount be paid within 60 days from date of issue of this order.

            Copies of this order be given to both the parties.

                                             ( KUMSONG PANGGING)                               (NIDHI SRIVASTAVA) IAS

                                                                 Member                                                       President

Order issued on:- 27.05.2015