FA.No.1809/2007 against CC.No.75/2007 District Consumer Forum, Ranga Reddy District.

Between:

1.The Addl.Asst.Engineer,

   Kothapeta, APCPDCL, Nagole Road,

   Hyderabad.

2.The Asst.Divisional Engineer,

   Saroornagar Division,

   APCPDCL, Hyderabad – 500 035.

3.The Asst.Accounts Officer/ERO,

   Saroornagar, APCPDCL,

   Hyderabad – 500 035.

…Appellants/Opp.Parties.

And

N.Siva Senani, S/o.N.Sadasiva Sastry,

R/o.No.344, Road No.79, Jubilee Hills,

Hyderabad – 500 033.

…Respondent/Complainant.

Counsel for the Appellants          :  Mr.V.Ajay Kumar.

Counsel for the Respondent        :  Smt.V.Revathi.

QUORUM: HON’BLE SRI JUSTICE D.APPA RAO, PRESIDENT,

SRI SYED ABDULLAH, MEMBER,

AND

SRI R.LAKSHMI NARASIMHA RAO, MEMBER.

THURSDAY, THE SEVENTEENTH DAY OF SEPTEMBER,

TWO THOUSAND NINE.

Oral Order (Per Hon’ble Sri Justice D.Appa Rao, President)

******* 

1.         This is an appeal preferred by the opposite parties against the order of the District Forum awarding Rs.10,000/- towards compensation for mental agony.

2.         The case of the complainant in brief is that he has a domestic service electricity connection.  In August, 2006, he received a bill for Rs.11,077/-. When he protested, they did not correct it.  He did not receive any revised bill and on that he approached Ombudsman, who by his order dated 07.04.2007, directed the appellants’ Electricity Board that the excess amount collected from him in August 2006, less the amount already adjusted in subsequent bills, be refunded with interest at 24% per annum, besides compensation of Rs.1,975/- by adjusting in the bill of April, 2007 and Rs.500/- towards expenses.  Since the Electricity Board did not comply the said order, he filed the complaint claiming the said amount besides compensation of Rs.25,000/- towards mental agony.

3.         The appellants did not choose to contest by filing any counter except engaging an advocate.

4.         The complainant filed his affidavit evidence and got Exs.A.1 to A.15 marked, while the opposite parties did not examine any witness nor file documents.

5.         The District Forum after considering the evidence placed on record directed the appellants Electricity Board to pay the amounts that were awarded by the Ombudsman, besides Rs.10,000/- towards compensation and costs of Rs.1,000/-. 

6.         Aggrieved by the said order, the opposite parties preferred this appeal contending that by virtue of orders of Ombudsman they have paid an amount of Rs.10,797/- on 11.06.2007, and Rs.2,475/- on 02.07.2007 by way of compensation.  It ought not to have awarded compensation towards mental agony. 

7.         The point for consideration is whether the compensation that was awarded by the District Forum was unjust and arbitrary?

8.         It is an undisputed fact that the appellants Electricity Board issued a bill in the month of August, 2006 for an amount of Rs.11,077/-.  It is not in dispute that the complainant personally represented to various officers even to the Ombudsman who on enquiry directed the appellants Board to adjust the amount besides refund of the amount in excess collected, but the Board did not respond.  It may be stated that the appellants did not choose to contest even before the District Forum or before the Ombudsman.  No reason whatsoever was given as to why they did not contest despite the fact that they engaged an advocate.  Obviously, the appellants Board was not interested in contesting the matter, in the sense that they have no case to put forth in order to establish that the bill that was issued by them was correct.  Exfacie the bill is illegal.  That was the reason why they have paid the amount as ordered by the Ombudsman.  It is curious to note that though the Ombudsman commented the Board officials for issuing a wrong bill they did not respond to it.  Obviously it is a statutory Board and none of the officers has any obligation nor accountable to any person.  Equally officers were not directed to pay out of their pocket though there is a clear negligence on their part and it is the Board that had to pay, they did not bother to contest.  Considering the apathy of the Board officials right from issuing bill up till the proceedings before the District Forum and the complainant was made to run from pillar to post for about two years, we are of the opinion that the District Forum was justified in awarding compensation of Rs.10,000/- towards mental agony.  We believe that by perusing the proceedings in this case, the officials would introspect themselves and respond to the plight of the consumers who approach them alleging that there was some mistake in billing.  After all, it is the money that is legally paid payable by the consumers to the Electricity Board that can be recovered.  Even the order that was passed by the Ombudsman was not complied  subsequent to the filing of the complaint before the District Forum. Even then they did not choose to contest.  We repeat the award of Rs.10,000/- towards mental agony is justified.  Accordingly, the rest of the order of the District Forum was complied by the Electricity Board.   We do not see any merits in the appeal. 

9.         In the result, the appeal is dismissed.  However, no costs.  Time for compliance four weeks.          

PRESIDENT   

MEMBER   

MEMBER

DT: 17.09.2009

Vvr.