ORDER

Date of Order:       10-08-2017

Upendra Jha Member.

1. This Revision is directed against the order dated 29-11-2016 passed by the District Consumer Forum, Samastipur in Complaint Case No. 202 of 2016 by which the appellant/petitioner has been directed to provide the electric connection within 15 days in the premises of Susant Automobile.

2. Briefly stated, the petitioner applied to the Electrical Executive Engineer, Supply Division, Dalsingsrai, Samastipur stating there in that she is the owner of the Petrol Pump of Reliance Company and due to some policy matter, the Petrol Pump could not be started in due time after obtaining all formalities of electric connection but due to deficient attitude of the O.P.-appellant the electric connection has not since been provided. On enquiry, it was informed that dues of electric bill of Rs. 2,49,433/- has been shown in her name and without clearing this dues, no electric connection will be given. The Petitioner tried to convince the O.Ps-electric department/Board that no electric connection was provided to the Petrol Pump even after depositing Rs. 16,500/- as sanctioned of 15 Kilo Watt load in which receipt No. 232123 dated 06-06-2006 was issued and on deposit of Rs. 307/- as service connection in which receipt No. 44257 dated 06-06-2006 was issued to her. But, no electric connection has been provided. Then, she filed a complaint before the District Forum, Samastipur for above prayer. The O.Ps-appellants contested the case. The District Forum passed the interim impugned order against which this Revision has been preferred.

3. The Opposite –party- complainant has filed a supplementary affidavit stating there in that no electric connection was given in her Petrol Pump till today though she had applied for it in the year 2006 and had deposited the required amount. Electric Meter was never installed and no electric bill was provided to her. Written notes of arguments has also been filed by the respondent-complainant. The O.P-complainant has also produced the allotment letter of the said Petrol Pump dated 15-09-2015 issued by Reliance Industries Limited which shows that Dealership Agreement held on 30-07-2005 but the Company has cleared to resume supply of Petrol and HSD from the effect of 30-12-2015. (Copy enclosed).

4. Having considered the ground of Revision, submissions of respondent, the statement made in supplementary affidavit by the respondent and on perusal of the order passed by the District Forum, it appears that the District Forum has considered the matter in right perspective. It is an admitted fact that the complainant applied for electric connection of 15 K.W. for Petrol Pump in question on 06-06-2006. She deposited required fees for sanction of load 15. K.W. and for service connection on 06-06-2006 and electric department receipts were issued to her. Due to some unavailable reasons, the electric connection was not given, when Petrol Pump was sanctioned to her, she applied for installation of Transformer near her Petrol Pump under deposit Scheme on 12-05-2015. The O.P. sanctioned the estimate and accordingly department fee Rs. 2,165/- was deposited to the O.Ps. On 22-06-2015. The complainant applied and requested almost all officers of the O.Ps informed the Petitioner that electric bill dues for Rs. 2,49,433/- (Rupees two lacs, forty nine thousand and four hundred thirty three only) has not since been cleared hence, the electric connection cannot be provided. A notice dated 05-08-2016 was served to the complainant by the O.P.-Assistant Engineer which was issued on the basis of joint inspection report of O.Ps. on 27-07-2016. The petitioner filed Writ before the Hon’ble High Court, Patna which was withdrawn and dismissed vide order dated 23-06-2017 in CWJC, No. 15453/2016 Senu Singh Vs. North Bihar Power Distribution. The complainant filed a complaint before the District Forum, Samastipur praying to direct the O.Ps-appellants for providing electric connection. On the basis of material available with the complaint the District Forum passed the interim order to provide electric connection within 15 days. After completing all formalities including deposit of security, service connection charge etc. the appellants presumed that the electric connection had already been given to the premises of Petrol Pump of the Petitioner. So, without issuing any electric bill, the ledger card was filled up and an electric dues for Rs. 2, 49, 433/- was shown to the Petitioner from 2006 to 2010. There is no evidence produced by the appellants that electric connection was given in the Petrol Pump of the Petitioner in the year 2006. If it is true, then electric bills might have been issued regularly by the appellants. The Petitioner never received any electric bill, then how could she protested before the O.P.- Electric Department. The appellant never issued electric bill. The most important point in favour of the complainant-respondent is the allotment letter of Petrol Pump which has been issued by Reliance Industries Limited vide letter No. BHF025/001/15-16 dated 15-09-2015, though Dealership Agreement was held between the parties on 30-07-2005.

5. On the basis of non-deposit of the electric dues and not to provide electric connection in the Petrol Pump Premises of the complainant is not proper and justified. In these circumstances, the order passed by the District Forum dated 29-11-2016 in Complaint Case No. 202/2016 is proper and justified. Hence, the District Forum impugned order is affirmed and the Revision is dismissed. The Petitioner is directed to provide electric connection within 15 days from the receipt of this order. The stay order passed by this Commission on 06-04-2017 in this Revision Case No. 03 of 2017 is vacated.

6. The revision is dismissed.

               

S.K. Sinha                               Renu Sinha                                   Upendra Jha

 President                                  Member(F)                              Member(M)

Anita