Complainant/petitioner had obtained a 10 HP connection for running a stone crusher.  It appears that mining lease granted to the complainant by the Collector Gwalior was cancelled in January 2000.  District Collector directed M.P. Electricity Board, respondent herein, to disconnect the electricity connection which the respondent did on 04.1.2000.  Later on, complainant’s lease was restored by the

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Collector Gwalior on 18.8.2000.  On submission of the copy of the lease deed, the power connection of the complainant was restored by the respondent Board on 19.8.2000.  It appears that during the intervening period some bills had been raised and charged by the respondent on minimum consumption basis.  The grievance of the complainant was that the disconnection made by the respondent under the orders of the Collector was wholly unjustified and that on account of the said disconnection, he could not operate his stone crasher for the said period of eight months and suffered huge losses.  He filed the complainant claiming Rs.50,000/- by way of compensation and cancellation of the bills which were raised during the period the electricity connection had stood disconnected.

          District Forum vide its order dated 25.10.2001 allowed the complaint and awarded a compensation of Rs.25,000/- to the petitioner.

Both the parties preferred separate appeals before the State Commission which vide its common order dated 28.3.2003 dismissed the appeal filed by the petitioner and allowed the appeal filed by the

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Electricity Board and remanded the case back to the District Forum for a fresh decision.

After remand of the case, the District Forum vide its order dated 8.9.2003 disposed of the complaint by rejecting the claim for compensation.  However, it quashed the bills for the period for which the unit of the complainant remained non-functional due to disconnection of electricity.  Respondent Board was directed to adjust the amount already paid in future bills.  Rs.1,000/- were awarded by way of costs.

Aggrieved against the order passed by the District Forum, both the parties preferred cross appeals.  By the impugned order, the State Commission has dismissed both the appeals.

Respondent Electricity Board had accepted the decision of the fora below and has not carried any further revision petition.  Complainant/petitioner has filed the present revision petition claiming compensation for the delay in restoring the electricity connection. 

The District Forum recorded a finding that the lease in favour of the petitioner was restored on 1.8.2000 and, thereafter, after completing the due formalities, the connection was restored on

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19.8.2000; that there was no delay in restoring the electricity connection.  District Magistrate of Gwalior was not impleaded as a party respondent.  The State Commission came to the conclusion that no comepsnation could be awarded in the absence of District Magistrate who allegedly ordered disconnection of the electricity; that the remedy of the petitioner lies somewhere else. 

Counsel for the petitioner has referred a letter dated 10.1.2000 issued by the Additional District Magistrate, Gwalior wherein the respondent was directed to restore the electricity to the petitioner immediately.  According to the respondent Electricity Board, the electricity could be restored only after execution of the lease deed and entering into an agreement between the two parties for grant of electricity connection.

We have heard counsel for the parties.  Keeping in view the facts and circumstances of the case and, especially the fact that the petitioner did not have a lease in his favour, the respondent was justified in not restoring the supply of electricity.  Grant of Compensation is a matter of discretion and we are of the opinion that

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no case is made out for grant of compensation.  The minimum charges which had been collected by the respondent during the period the electricity connection remained disconnected, have already been quashed.  Dismissed.  No costs.