Ramesh Chand, the Complainant, applied for an electricity connection from Delhi Electricity Supply Undertaking (DESU)(O.P.1) on 30.11.1995 and deposited a sum of Rs.7,200/- for the said purpose.  As per averments made in the complaint, DESU did not provide the connection. In the meantime, DESU transferred its assets and liabilities to Delhi Vidyut Board (DVB) i.e. OP-2.  As per the complainant, OP-2 refused to provide the electricity connection until and unless the complainant deposited fresh connection charges.  Complainant deposited a sum of Rs.3475/- with DVB on 17.6.1997 but the DVB also did not provide the connection. DVB transferred its assets and liabilities to OP-3 BSES Rajdhani Power Ltd. in the month of July 2002. Complainant thereafter approached OP-3 regarding the electricity connection which was installed in the month of February 2003.        

Being aggrieved, complainant filed the complaint before the District Forum. 

BSES Rajdhani Power Ltd. (OP-3) put in appearance and filed its written statement.  Since Ops 1 and 2 had already transferred their assets and liabilities to OP-3, they did not appear and were proceeded ex parte.  OP-3 contested the complaint and submitted that it was not liable to pay any amount to the respondent.

District Forum allowed the complaint and directed the OPs to jointly and severally pay to the complainant a sum of Rs.50,000/- towards compensation and Rs.2,500/- as costs.      

OP-3, being aggrieved, filed the appeal before the State Commission.  State Commission, without issuing Notice to the respondent/complainant, reduced the amount of compensation from Rs.50,000/- to Rs.25,000/- including the cost of litigation.  

Complainant has filed R.P. No.2413/2006 seeking setting aside of the order of the State Commission on the ground that the order has been passed in violation of the principles of natural justice without affording any opportunity of hearing to him.  Complainant seeks restoration of the order of the District Forum.  OP-3 has filed R.P. No.3006/2006 seeking setting aside of the order of the State Commission awarding compensation of Rs.25,000/- to the respondent. 

It is not disputed before us that the State Commission has modified the order of the District Forum without affording an opportunity of hearing to the complainant in violation of the principles of natural justice.  Without going into much detail and the contentions raised by the parties, we set aside the order of the State Commission as the same has been passed in violation of the principles of natural justice.  It is cardinal principle of law that no order adverse to a person can be passed without affording an opportunity of hearing to him. 

Since the order has been passed in violation of the principles of natural justice, the same is set aside and the case is remitted back to the State Commission to decide it afresh after affording an opportunity of hearing to both the parties.

Parties, through their respective counsel, are directed to appear before the State Commission on 13.12.2011.

Since it is an old case, we would request the State Commission to dispose of the appeal as expeditiously as possible and preferably within a period of 4 months from the date of first appearance.