BEFORE THE A.P STATE CONSUMER DISPUTES REDRESSAL COMMISSION AT HYDERABAD.
F.A.Nos.425/2008. 427/2008, 428/2008, 429/2008 & 467/2010, AGAINST C.D.No.82/2007, 80/2007, 81/2007, 83/2007, 79/2007 DISTRICT FORUM, RANGA REDDY DISTRICT..
Between:
1. Additional Assistant Engineer,
Electrical Operations, APSEB.,
Moinabad, Golonda, Ranga Reddy District.
2. The General Manager (Operations)
APSEB, Mint compound, Hyderabad. Appellants/ Opp.parties in F.As.425/2008. 427/2008, 428/2008, 429/2008 & 467/2010
And
1. Najmullah Hussain, S/o.Mustafa
Hussain, Resident of 6-3-672,
Panjagutta, Hyderabad. Respondent/
Complainant in FA.425/08
2. Gazafar Gusseni S/o.Mustafa Husseni
Resident of 6-3-672, Panjagutta,
Hyderabad. Respondent/
Complainant in FA.427/08
3. Mirawat Hussain, D/o.Shamshed Hussain
Resident of 6-3-672, Panjagutta,
Hyderabad. Respondent/
Complainant in FA.428/08
4. Shamshad Husseni, S/o.Mustafa Hussain
Resident of 6-3-672, Panjagutta,
Hyderabad. Respondent/
Complainant in FA.429/08
5. Smt.P.Geet Premnath, W/o.P.Badrinath,
Resident of 6-3-672, Panjagutta,
Hyderabad. Respondent/
Complainant in FA.467/10
Counsel for the Appellants: M/s.O.Manohar Reddy
(Common in all appeals)
Counsel for the Respondents: Respondents served in F.A.Nos. 425/2008,
427/2008, 428/2008, 429/2008
Respondent served through paper
publication in F.A.467/2010.
QUORUM: THE HON’BLE SRI JUSTICE D.APPA RAO, PRESIDENT
AND
SMT.M.SHREESHA, MEMBER
.
THURSDAY, THE NINTEENTH DAY OF AUGUST,
TWO THOUSAND TEN
Oral order:(Per Hon’ble Justice Sri D.Appa Rao, President)
***
These appeals are preferred by the A.P.State Electricity Board against the orders of the District Forum directing the appellant i.e. Electricity Board to restore power supply and collect Rs.37/- per month from April 2004, till the date of connection towards electricity consumption charges besides costs of Rs.2,000/-.
Though the Dist. Forum had passed separate orders on the complaints filed by different complainants, in the light of the fact that identical facts arise for consideration, we are of the opinion that these appeals can be disposed of by a common order.
The case of the complainants in brief is that they are agriculturists and have electricity connection under fixed consumer scheme for supply of electricity connection charges at the rate of Rs.37/- per month for load of 5 HP. While so, the appellant Board had suddenly increased the amount without any notice and intended to collect electricity charges at abnormal rates. When the complainant and other consumers of the said scheme represented the matter to opposite party No.1 he promised to look into the matter and therefore the complainant stopped payment of the bills but the opposite parties did not respond and without any notice disconnected the electric supply. Hence the complaints for a direction to opposite parties to collect electricity charges at the rate of Rs.37/- per month, to declare that the demands made were illegal and for restoration of power supply.
The electricity board did not choose to contest and was set exparte.
The complainants in proof of their case filed their affidavits and got marked Exs.A1 to A8 namely the original pass books, monthly bills etc.,
The District Forum after considering the evidence placed on record opined that earlier the electricity board was collecting the bills at Rs.37/- per month and suddenly a bill was issued for Rs.25,576.87 ps. without assigning any reason and therefore it directed the appellant Board to restore the power supply and collect only Rs.37/- per month from April, 2004 till the date of connection together with costs of Rs.2,000/-
Aggrieved by the said orders, the appellant, electricity board, preferred these appeals contending that the matter was entrusted to its counsel who in turn drafted counters but before they were filed, it was set exparte and therefore it could not contest the case. It further alleged that the complainants were not poor farmers, they are residents of Hyderabad, assesses of income tax, and they can be termed as corporate farmers, not entitled to free supply of electricity or subsidy. After issuing wide publicity in newspaper and pursuant to the notifications of the Board, tariff for different categories was fixed with effect from 01-4-2006 and in the light of these facts, the complainants are not entitled to the benefit or relief they sought for in the complaints.
It is unfortunate that the respondents/complainants despite service of notice did not choose to contest these appeals and we are forced to hear the appellant, electricity Board. Along with the appeals, they filed the circulars which they could not file in view of the fact that they were set exparte before the District Forum. Considering the fact that the Board for whatever reason could not contest the matter which led the District Forum to pass an order against them, however in the light of these circulars necessarily the District Forum has to consider the case of the Board and complainants afresh and pass orders on merits. This is a fit case where the circulars that were filed by the electricity board had to be received as additional evidence besides the written version of the Board. There is no occasion for the complainants in the appeals to refute the allegations made that they are corporate farmers and they are income tax assesses not entitled to benefits. If really that were to be true, the complainants might not succeed in their case and would tilt the result of the matters. Considering the allegations made by the complainants and the defense taken by the Board, we are of the opinion that the matters are to be remitted to the District Forum for disposal according to law.
In the result these appeals are allowed and consequently the orders of the District Forum are set aside. The District Forum is directed to restore the complaints to its file and fix a date directing the Board to issue notice to the complainants. The Board is also to be issued notice by the District Forum. After their appearance, grant time to the Board to file their written statement and give opportunity to both sides and dispose of the matters on merits as per law. In case, the board again chooses to remain exparte, the District Forum is free to pass an order as per law. There shall be no order as to costs.
Sd/-PRESIDENT.
Sd/-MEMBER.
JM Dt.19-8-2010
