(Per Shri P.N.Kashalkar, Hon’ble Presiding Judicial Member)
(1) This appeal was filed on 2005. After filing the appeal in person, the appellant did not come even for the first orders. On 13/06/2006, the appellant was present, but from 10/07/2006, the appeal has been lying unattended. The appellant had not bothered to enquire with the office. As per the policy of the Commission, this matter was placed before us for disposal on 29/08/2011. Intimation of that date was displayed on notice board and published on internet board of the Commission. On 29/08/2011, on finding that appellant as well as the respondent was absent, we directed office to issue notice informing next date of hearing i.e. 15/11/2011 to both the parties. Accordingly, on 01/11/2011, office issued notices to the parties. On 15/11/2011 i.e. today, the appellant as well as the respondent are absent. Therefore, we propose to dispose off the appeal on merit.
(2) The complainant is resident of Indoli, Dist.Satara. He had filed consumer complaint on 16/09/2004. According to the complainant, he had purchased agriculture land on 27/06/2001 and had applied for electricity connection in his field. He was sanctioned 10 HP load. He had deposited `6,290/- with M.S.E.B., but since the meter was not available, he was told to purchase electricity meter. Accordingly, he purchased the electricity meter and handed over to the M.S.E.B. for testing. He paid testing fees. But on 29/09/2002, in absence of the complainant, opponent went to field of the complainant and inspected the electricity connection in presence of his son and procured false reports. On the basis thereof, the opponent reported that the complainant was using electricity unauthorizedly. The complainant was told to deposit `31,673/- towards the unauthorized use of electricity charges. Accordingly, the complainant paid the same, but electricity supply was discontinued. According to the complainant, this is an injustice and illegal act. His electricity connection was not reconnected despite letters. According to the complainant, action of the MSEB officials was unjust and due to disconnection of the electricity connection, he suffered financially very badly. He pleaded that he suffered loss of `89,898/- for high-handedness of the MSEB. Hence, he filed consumer complaint and claimed damages of `89,898/- along with interest and `50,000/- towards mental agony. Opponent filed written version and denied the contentions of the complainant. They pleaded that the complainant has nowhere mentioned in his complaint that on which date he was given connection, and details like consumer number, meter number, details of paid bills etc. The complainant was using electricity unauthorisedly. Flying squad of the opponent had visited the field of the complainant and it was found that the complainant was dishonestly using the electricity without having been given any legal electricity connection by the board. Hence, panchnama was recorded in presence of son of the complainant. The complainant was asked to pay `31,673/-, which was accordingly paid by the complainant. But when he was told that he would not get electricity connection as he was using electricity unauthorisedly, he filed consumer complaint.
(3) Considering documents placed on record, the forum below in its order held that the complainant failed to prove that the opponent was guilty of deficiency in service. The forum below recorded the finding that the complainant had not taken electricity connection because the complainant had nowhere mentioned consumer number, meter number and date on which the electricity connection was given. Therefore, the forum below held that the electricity connection was taken by the complainant illegally. By taking disadvantage of being an employee of the MSEB, the complainant was using electricity unauthorisedly. In the circumstances, the forum below was pleased to dismiss the complaint. Aggrieved thereby, the original complainant filed the appeal.
(4) Today, the appellant as well as respondent are absent. We perused the impugned order and documents on record. We are finding that the order passed district forum is just and proper. The complainant has nowhere mentioned the details regarding the electricity connection for which he is claiming damages. The complainant has not proved that he is a consumer of the electricity board and he was having electricity connection of any consumer number at his field. On perusal of the documents, we found that the complainant had not placed on record evidence to prove that he was a consumer of the board. Since, he was an employee of the MSEB, he misused his position and got unauthorized electricity supply in his filed by illegal means. He was abstracting electricity by unlawful means. The flying squad of the MSEB inspected the electricity connection in the field of the complainant and charged penal bill for `31,673/-, which the complainant had promptly paid because he knew that if he did not pay the amount he would be proceeded in D.E. In the circumstance, the forum below gave finding that the complainant was not consumer of the MSEB. He was not given electricity connection by the MSEB. Hence, the forum below has rightly dismissed the complaint. We find no substance in the appeal filed by the original complainant. The order of the forum below is required to be confirmed. Hence, the order.
ORDER
(1) Appeal stands dismissed.
(2) No order as to costs.
(3) Inform the parties accordingly.
Pronounced on 15th November, 2011.
