CONSUMER DISPUTES REDRESSAL COMMISSION

MAHARASHTRA STATE, MUMBAI



FIRST APPEAL NO.29/1999 Date of filing: 08/01/1999

IN CONSUMER COMPLAINT NO.100/1997 @ C/203/96

DISTRICT CONSUMER FORUM, THANE Date of order : 06/07/2009



Maharashtra State Electricity Board

Kalyan Urban division, Gandhi tower

Nr.Joker Talkies, Kalyan

District Thane ………..Appellant/org.O.P.

v/s.

Shri Kishore Ramlal Rana

R/o.Block no.4, Usha Co-op.Hsg.Soc.Ltd.

Rambaug lane no.4,

Kalyan, District Thane ………Respondent/org.complainant



Corum: Shri S.R.Khanzode, Hon’ble Presiding Judicial Member

Smt.S.P.Lale, Hon’ble Member

Present : Ms.Mona Joshi -Advocate for the appellant.

Respondent in person.

O R D E R



Per Smt.S.P.Lale, Hon’ble Member

1. This appeal filed by the original O.P./ Maharashtra State Electricity Board in consumer complaint no.100/1997 @ C/203/96 passed by District Consumer Forum, Thane, whereby Forum below directed O.P. to pay Rs.4250/- as compensation to the respondent along with cost of Rs.750/- within two months. Being aggrieved by the said order, MSEB/org.O.P. has filed the present appeal. Facts giving rise to this appeal are as under:-

2. Complainant had purchased the flat no.4 in Usha Co-operative Housing Society, Kalyan(W) from Shri Appa Yallu Bhamane, who is consumer of the O.P. in respect of meter bearing no.020020426803-PCZ-6. It is alleged by the complainant that he had applied for transfer of the said installation in his name.





The O.P. asked him to pay the previous outstanding amounting to Rs.3061/- against the said installation before considering his application for transfer.

3. It is further alleged by the complainant that no bills were sent to the previous owner i.e. Appa Yallu Bhamane and the first bill received was dated 24/12/1994 for Rs.600/- based on the average consumption of 14 units per month.

4. Complainant further stated that the complainant had paid the said bill under protest and demanded the refund of the said amount on the ground that there was no meter since 1991, but the O.P. refused to refund the said amount. Therefore consumer filed consumer complaint before the Forum below for deficiency in service. O.P. was duly served with the notice, but remained absent. Therefore complaint was proceeded ex-parte against the O.P.

5. After hearing the complainant and documents placed before it, Ld. District Consumer Forum passed ex-parte award.

6. Heard Ms.Mona Joshi -Advocate for the appellant and respondent in person.

7. We perused the memo of appeal, impugned order and the documents placed before us and we are finding that the order passed by the Forum below is erroneous. It is a duty of the respondent before purchasing the flat to check that any arrears of the electricity bill are pending or not. If the respondent has paid the arrears of bills of the previous owner, then he should recover the same from the previous owner. Respondent cannot become ipso factor consumer of the appellant. There is no consumer-service provider relationship between the appellant and the respondent. Respondent wants that the energy meter be transferred in his name. To insist for clearing previous arrears before request for transfer could be considered, is as per the rules of business of appellant. Therefore appellant cannot be accused of any deficiency in service. Under the circumstances, complaint will have to be dismissed. In the result, we pass following order:-



ORDER

1. Appeal is allowed.

2. Complaint stands dismissed.

3. Order passed by the Forum below is quashed and set aside.

4. Amount if any deposited by the appellant be returned to the appellant.

5. Copies of the order be furnished to the parties.







(S.P.Lale) (S.R.Khanzode)

Member Presiding Judicial Member