Date : 04.07.2013
Per Mr.S.M.Shembole, Hon`ble Presiding Judicial Member.
1. This appeal is an exception to the judgment and order dated 28.4.2009 passed by District Consumer Forum, Aurangabad dismissing complaint case No.702/2008.
2. We heard Shri.A.M.Mamidwar learned counsel for the appellant and perused the copy of impugned judgment and order. Considering the facts of the case we have decided to dispose of this appeal at the stage of hearing before admission.
3. The brief facts giving rise to this appeal are that:
Appellant/org.complainant Shri.Dnyandeo Kisanrao Magar is a consumer of opponent MSEDCL. It is alleged by appellant that officers of opponent Board without any notice disconnected his electric supply alleging that he had tampered electric meter etc. and issued bill of Rs.45,000/- inclusive of compounding charges. It is alleged that as the electric supply was disconnected he has paid the bill amount without recording any protest and thereafter filed consumer complaint as the acts of opponent Board were not just and legal. He has claimed cancellation of the bill and also claimed compensation of Rs.10,000/- for harassment and further Rs.1000/- towards cost of the proceedings.
4. Respondent by its written version resisted the complaint contending inter alia that it has rightly disconnected electric supply as complainant has tampered electric meter. It is submitted that when it was noticed, electric supply was disconnected and additional bill with compounding charges was issued and same is paid by the complainant without recording any protest and therefore no complaint for theft was lodged etc. It is submitted that as complainant has already paid amount of bill without recording any protest the complaint is not maintainable. It is submitted to dismiss the complaint.
5. On hearing both sides the Forum held that, since there was settlement between the parties and as per settlement, complainant has already paid bill amount, complaint is not maintainable. In keeping with this finding the Forum has dismissed the complaint.
6. Feeling aggrieved by that judgment and order complaint has preferred this appeal.
7. We heard Shri.A.M.Mamidwar learned counsel for the appellant, perused the copy of judgment and order, copies of complaint, written version, electric bills etc. However, we had have no opportunity to hear respondent as appeal is proceeded exparte.
8. It is submitted by Shri.Mamidwar learned counsel for the appellant that though the appellant has paid electric bills without recording protest, his right to challenge the bill cannot be extinguished. It is submitted that complainant was compelled to pay electricity bills without recording protest as his electric supply was disconnected, but without considering all these facts the Forum has wrongly dismissed the complaint. But we find no force in the submission of Shri.A.M.Mamidwar learned counsel for the appellant. Because undisputedly there was settlement between the parties and as per settlement complainant/appellant has paid electricity bills without recording protest. Therefore the Forum has rightly held and dismissed the complaint. We find no error or infirmity in the impugned judgment and order. Hence no interference is warranted.
9. In the result, appeal is being devoid of any merit deserves to be dismissed summarily. Hence we pass the following order.
O R D E R
1. Appeal is dismissed.
2. No order as to cost.
3. Copies of the order be sent to both the parties.
Pronounced and dictated in
the open court on dt.04.07.2013.
