ORDER
Date of order: 29 -03-2017
Upendra Jha,Member
This appeal is directed against the order dated 17-01-2015 passed by the District Consumer Forum, Samastipur in Complaint Case No. 29 of 2010 by which the appellants are directed to pay the respondents a sum Rs.50, 000/-(Rupees fifty thousand only) as compensation, to correct the bill of the complainant as per Rule, to realize the bill amount till disconnection within a month and the security money be refunded to the complainant..
2. Shortly stated, the case is that the complainant being an unemployed person installed a Flour Mill of 10 H.P. in February 2007 with deposit of Rs. 500/- and Rs. 11,100/- on 24-02-2007 and executed an agreement. He was given electric connection in November 2007 with an electric meter. But it was disconnected in January 2008.Electric Bill of Rs. 15,874/- was served to the complainant. Though, the complainant requested the O.Ps. to rectify the Bill but it was not rectified and no connection was given on request, when security amount Rs.11,000/- was not refunded to the complainant, he filed a complaint case before the District Forum, Samastipur with a prayer to direct the O.P. for payment of Rs. 1,20,000/- as compensation . The O.P.-appellants contested the case. After hearing parties, the District Forum passed the impugned order against which this appeal is preferred.
3. Respective written arguments have been filed by the parties. Heard and perused the District Forum order.
4. The counsel for the appellants submit that the respondent is liable to pay the minimum Guarantee Charge as per Agreement. Undoubtedly, the complainant was provided for 10 H.P. electric connection on 05-10-2007,Electric Bill were issued regularly but the complainant never paid the bills amount and he filed a complaint in February 2010 after disconnection in January 2008.It is commercial purposes electric connection which does not come under the purview of the Consumer ProtectionAct,1986. Due to non-payment of energy bills, the line was disconnected. The district Forum has not considered these points before passing the impugned order which is not sustainable and fit to be set aside. The appeal be allowed.
5. The counsel for the respondent submits that, he is an unemployed person and for his livelihood he installed a small Atta Chakki completing all formalities with the O.Ps., deposited Rs. 500/- on 24-02-2007 and Rs.11, 000/- as security on 24-02-2007, Executed an agreement in March 2007 and the electric connection was provided in November 2007 but after two months in January 2008, it was disconnected on meter reading of 1613 units. He came to know that Rs.15, 874/- was outstanding energy bill against him. Without notice, his line was disconnected. The District Forum has rightly passed the order which does not require any interference. The appeal has no merit. It is fit to be dismissed.
6. Having considered the submissions of parties and on perusal of the order passed by the District Forum, it appears that the District Forum has considered the matter in correct perspective. It seems that the line was disconnected in January 2008 and the first energy bill was sent to the complainant in February 2008.Without serving any energy bill the O.P. disconnected his electric line arbitrarily causing harassment and loss to the complainant. It is deficiency on the part of the O.Ps.-appellants.1st Bill for Rs.15, 874/- was never corrected. The attitude of the O.Ps.-appellants does not seem proper for an unemployed person. The complainant was compelled to close the Atta Chakki Mill which was for his livelihood. No circular or any rule has been produced before the District Forum to issue bill for minimum Guarantee Charge and it is not on the record. Thus, the District Forum order seems proper and justified. However, a compensation of Rs.50,000/- does not seem proper. It is reduced to Rs. 5000/-.With this modification, the District Forum order is affirmed and the appeal is partly allowed.
S.K.Sinha Renu Sinha Upendra Jha
President Member (F) Member (M)
Anita
