NCDRC

NCDRC

RP/2014/2010

JAIPUR VIDYUT VITRAN NIGAM LTD. - Complainant(s)

Versus

MOOL CHAND - Opp.Party(s)

M/S. NANDWANI & ASSOCIATES

22 Nov 2010

ORDER

NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
 
REVISION PETITION NO. 2014 OF 2010
 
(Against the Order dated 18/02/2010 in Appeal No. 1129/2009 of the State Commission Rajasthan)
1. JAIPUR VIDYUT VITRAN NIGAM LTD.
Through Ashok Kumar Gupta, Executive Engineer (CD), J.V.V.N.L.
Jaipur
Rajasthan
...........Petitioner(s)
Versus 
1. MOOL CHAND
R/o. Vill. Basana (Amer)
Jaipur
Rajasthan
...........Respondent(s)

BEFORE: 
 HON'BLE MR. JUSTICE K.S. GUPTA, PRESIDING MEMBER

For the Petitioner :
Shri K.L. Nandwani, ADV.
For the Respondent :
Shri Sukumar Pattjoshi, Adv.

Dated : 22 Nov 2010
ORDER

Challenge in this revision by the opposite party-Nigam is to the order dated 18.2.2010 of State Consumer Disputes Redressal Commission Rajasthan, Jaipur allowing appeal against the order dated 30.6.2009 of a District Forum and directing the petitioner to restore supply of electricity to the respondent/ complainant, quashing the electricity bills raised from 23.3.2008 till restoration, pay Rs. 10,000/- towards compensation and the cost.  The District Forum had  dismissed the complaint. 

          Respondent had been running an Atta Chakki.  He alleged that on 23.3.2008, the petitioner disconnected supply of electricity to the Atta Chakki without any notice and there being no bill outstanding against him.  Despite several personal visits and service of notice, the supply of electricity was not restored by the petitioner.  Complaint claiming certain reliefs was filed which was contested by the petitioner mainly denying the disconnection of electricity connection  on 23.3.2008 as alleged.

          Shri K.L. Nandwani for the petitioner has contended that it being a case of SIP connection, the service line was taken up by the petitioner to the premises of the respondent and it was for the respondent to take electricity connection to his premises by providing his own service line and maintain the same.  Transformer for  use of the respondent was provided and in D.P.  a meter was installed.  It is not in dispute that Kishan Verma was appointed as Local Commissioner by the District Forum vide order dated 26.4.2009.  Copy of his report is at pages 38 on the paper book.  This report would show that on inspection of the site in the presence of both the parties, the Local Commissioner found that meter bearing No. 150316 locked and sealed in D.P.  was situated at a height of 10 ft along the transformer installed on two poles which were at a distance of about 100 mtrs away from the premises of the respondent.  Service line was coming from D.P. to the pole fixed in the premises of the respondent and the line from the pole to the Atta Chakki was cut off due to which reason the electricity supply was not available to the respondent.  One of the grounds on which respondent’s complaint was dismissed by the District Forum was that the respondent had not prayed for the restoration of electric connection in the complaint.  Complaint (copy at pages 26 to 29) would show that the respondent therein had not specifically sought the relief for restoration of supply of electricity to the Atta Chakki.  Pursuant to the order dated 22.9.2010, the respondent has filed the copy of Memo of Appeal filed against the Forum’s order before the State Commission.  This would show that the specific prayer was made therein by the respondent for resumption of  supply of electricity to him.  It was also stated that by mistake this prayer was not made in the complaint.  In its order, the State Commission was of the view that because of omission to seek relief of restoration of electricity supply, the District Forum should not have dismissed the complaint on that ground.  Considering the said report to the Local Commissioner and analyzing the facts and evidence, the State Commission had reached the conclusion that supply of electricity to the respondent was disconnected from the pole on 23.3.2008 as alleged by him.  It was an ongoing connection and the respondent would not have disconnected the supply of energy to cause loss of business to himself.   I do not find and illegality or jurisdictional error  in the said conclusion reached by the State Commission.  Impugned order, therefore, does not call for any interference in revisional jurisdiction under section 21 (b) of the Consumer Protection Act, 1986.  Accordingly, the revision petition is dismissed with cost of Rs. 10,000/- to the respondent.  Time to restore supply of electricity to the respondent as given by the State Commission is extended by 10 days from today.  Registry will ensure that the copy of this order is sent to both the parties today itself.

 

 
......................J
K.S. GUPTA
PRESIDING MEMBER

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