( Passed on dated 20^th  April, 2015 )

Per Shri Atul D. Alsi – Hon’ble President.

              The complainant is the regular consumer of electricity provided by opposite parties vide Consumer No. 430019082070 since 15.04.2008.   The complainant had been using said electricity for industrial use and accordingly the complainant had been paying electric bill regularly to opposite parties.

2.            On 11.08.2012 the complainant paid Rs. 56,000/- towards the electric bill.  The opposite party no. 1 and 2 thereafter not provide electric bill to the complainant.  The complainant several times requested the opposite party No. 1 & 2 to do needful in respect of the electricity bill but they remained kept mum. 

3.            The opposite party No. 1 & 2 all of sudden without informing to the complainant and without issuing any electric bill disconnected the electric energy from the industry of the complainant.   The complainant approached to opposite party no. 1 & 2 and requested to reconnect the electric energy when the opposite party no. 1 & 2 issued electric bill for Rs. 20,800/- in the month of June, 2013.  The complainant had paid Rs. 10,000/- on 24.01.2014 as part payment and Rs. 10,840/- on 04.03.2014 but the opposite parties did not restore the electricity of complainant’s industry.  The opposite parties told to the complainant to pay reconnection charges of Rs. 100/-. The complainant paid the same on 17.09.2014 but to no use at all. 

4.            The opposite parties not performing their duty with diligently manner.  It is clearly comes under the negligent service on their part for which opposite parties are liable to be punished.  Due to part of opposite parties the complainant is not running his industry since March 2013 and thereby the complainant has been sustaining loss of Rs. 60,000/- per month for which the opposite parties are liable to pay damages to the complainant, so also the complainant is sustaining mental loss of Rs. 10,00,000/-.  The complainant had served registered notice with acknowledgement to opposite parties on 01.10.2014.  The complainant due to illegal disconnection of electricity since March 2013 to September 2014 (i.e. for 18 months) has suffered loss of Rs. 9,60,000/- and Rs. 10,00,000/- towards the mental agony.  Hence this complaint.   

5.            After receiving the notice issued by the Forum, the O.P. No. 1 & 2 appeared through their counsel and filed their written statement before the forum. 

6.            In their reply, the O. P. No. 1 & 2 submits that it is not disputed that the complainant was having I.P. (Industrial Purpose) connection having consumer no. 430019082070 and using above connection for industrial use.  It is submitted that the above connection had been issued in the name of ‘OM Industries’.  The complaint was in respect of electric connection for Industrial Purpose for running industry namely “OM INDUSTRIES” as such not comes under definition of consumer as per 2002 amendment act, as such jurisdiction of Hon’ble forum is ousted.  Hence the complaint is untenable before the Hon’ble Court and liable to be dismissed in the limine on the sole ground. 

7.            It is specifically submitted in reply of O. P. 1 & 2 that electric bills were duly issued to complainant within period, but as the complainant had failed to pay bills in time, as such making false and frivolous allegation against opposite parties.   It is submitted in reply that due to non-payment of several electric bills by complainant, the electric connection was rightly disconnected by opposite parties.    

8.            It is submitted in reply that the electric connection of complainant was firstly disconnected on temporarily and after passing of three months it was permanently disconnected as per rules due to non-payment of electric bill.  It is submitted that the connection which was permanently disconnected shall not be restored as per norms and the consumer has to obtain new connection by completing new formality.   

9.            The complainant has filed Copy of notice at page no. 9, Copy of receipt of connection at page no. 10, Copy of electric bill dated 24.01.2014 at page no. 11, Copy of receipt of paid bill at page no. 12, Copy of electric bill dated 05.03.2013 at page no. 13, Copy of safety deposit receipt at page no. 14, Copy of applications at page no. 15 to 17, Copy of postal receipts at page no. 18 to 21 on record.

10.                   The learned counsel for complainant Mr. P. T. Tolani argued that the unit is cottage industries, it is running with the help of only two labours and same is used for earning livelihood.  Hence it is not for commercial purpose.  The complainant requested after payment of all arrears of bill and after payment of restoration charges to reconnect the electric supply.  Due to non resume of electric supply the complainant has suffered loss of Rs. 9,60,000/- for 18 months  and mental agony for Rs. 10,00,000/-.  The O. P. is directed to pay the amount for negligence of service.

11.                   The learned counsel for opposite parties Mr. S. B. Rajankar argued that the unit is commercial unit hence not coming under definition of “Consumer”.  The complainant in spite of service of notice not paid the arrears of bill.  Therefore his electric supply is temporarily disconnected and after again service of notice the complainant did not pay the arrears of amount hence the supply is permanently disconnected.  Once it is permanently disconnected then the complainant has to make fresh application as per new connection norms.  The O. P. had not rendered any deficiency in service.     

12.                   Considering the rival contention of the party & submission made before us the following points arise for consideration & finding there on along with reasons.

REASONING & FINDINGS

13.                    The complainant is running small scale proprietory unit by employing two labour as per employee insurance policy filed by complainant, hence the unit is running for livelihood hence complainant is consumer hence forum has jurisdiction  to entertain the complaint.  Therefore, the issue no. 1 is decided accordingly.

14.                   The O.P. has provisionally disconnected the electric supply by removing wire on February 2013  for the non-payment of arrears of bill  from 11/08/2012 amounted to  Rs. 14668.55/- by issuing notice as per prescribed period.  The complainant after several reminders issued by O.P. for payment of arrears of bill  then the O.P. had permanently disconnected the electric supply on 26/02/2013 for the arrears of Rs. 20841.99/- as per letter filed on page no. 56 signed by Deputy Executive Engineer vide letter No. Dy/Exe.Eng./GAD/30 dated 03/01/2015.

              The O.P. has filed Government Gazette dated 20^th January, 2005 it reads as per clause

7.2 - Reconnection.

              Where the Distribution Licensee has disconnected supply to a consumer for a period of not more than six months, the if such consumer pays all amounts due and payable to the satisfaction of the Distribution Licensee or, in case of a dispute, pays such amounts under protest, the Distribution Licensee shall reconnect supply within-

(i)           twenty-four hours from payment of dues by the consumer                             in towns and cities; and

(ii)                   within two days after the day upon which payment of dues                 has been made by the consumer in rural areas;

Provided that where the period of disconnection exceeds six months, an application for reconnection of supply shall, after either payment of amounts due or upon settlement of dispute, be treated as a fresh application for supply of electricity under the provisions of the Act. 

              The electric supply and meter was removed by O.P. after giving several opportunities.  The complainant filed to deposit the requisite arrears within 6 months from permanent disconnection of electric supply hence, the electric supply can’t be restored.  The complainant has to apply as new connection by completing all paper formalities.  Therefore, the O.P. has not committed any deficiency in service. Therefore, the Issue No. 2 is decided in negative.

              Therefore, the following order is passed.         

-: ORDER :-

     1.                 Complaint is dismissed.

     2.                 No order as to costs.