ELECTRICAL EXECUTIVE ENGINEER Vs. SIYA DEVI
LAWS(BHCDRC)-2004-5-1
BIHAR STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on May 12,2004

ELECTRICAL EXECUTIVE ENGINEER Appellant
VERSUS
SIYA DEVI Respondents

JUDGEMENT

- (1.) O . P. -BIHAR State Electricity Board, Barauni Division has filed this appeal against the order dated 4.7.2003 passed in Complaint Case No.48/2002 by District Forum, Begusarai whereby and whereunder appellant has been directed to grant fresh connection to the complainant after realizing necessary fees if any and further directed to provide commercial connection to the complainant's premises within thirty days from the date of order besides a compensation of Rs.500/ - and litigation cost also Rs.500/ - has been awarded against the appellant.
(2.) THE brief fact of the case is that husband of the complainant namely Ram Bachhan Pandit was the consumer of the appellant bearing Consumer No. BR 1306 under D. S. Category. On the application of one Amaresh Kumar dated 20.10.1994 the line was disconnected as there had been fire accident in her house on 30.9.1994. Thereafter the complainant applied for providing commercial connection on 26.3.2001 and deposited Rs.15/ - as application money on 28.3.2001 in her name but in spite of all efforts she was not provided commercial connection nor her earlier domestic connection was resorted.
(3.) THE O. P. -appellant appeared and filed written statement. The main contention of the appellant was that complainant had deposited only application fee of Rs.15/ - as such she was not consumer. There were heavy earlier dues against her previous connection No. BR 1346 (DS) for the realization of which certificate case No.16/2000 -2001 had been filed. In order to avoid the payment she applied for fresh commercial connection but did not deposit any amount as required for. It was specifically pleaded on behalf of the appellant that due to non -payment of electrical dues amounting to Rs.6,547.47 the line of her husband was disconnected and certificate case was instituted. The complainant had constructed some shops in her premises where she has earlier connection referred to above for which she applied for commercial connection and deposited only Rs.15/ - as application fee. She did not deposit any other amount. The certificate case was decided fixing the electric dues against the respondent to Rs.2,421.22. The complainant paid this amount and a request was made to supply electric connection under CS category. She was asked to deposit security money and to fulfil other formalities required under the rules but failed to comply the requirements and thereafter filed the complaint. After hearing the parties and considering the material available on record the District Forum found that there was deficiency in service of the appellant in not providing the complainant commercial connection which she required for her 12 shops and accordingly suffered loss in the rent and passed the order mentioned above. The main contention of the appellant before us is that it is admitted fact that complainant has not deposited the necessary fee required for taking commercial connection. Therefore, till that date she was not a consumer. Mere filing of application fee of Rs.15/ - does not entitle him to become a consumer because legally she was not entitled to get electric consumption under the commercial connection. The District Forum did not consider this fact, as such, the impugned order is bad both in law as well as on fact.;


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