- (1.) THIS appeal is directed against, order dated 2.7.2011 of District Consumer Disputes Redressal Forum, Durg (C.G.()hereinafter called "District Forum" for short) in Complaint Case No. 63/2011, whereby the appellants herein, have been directed to refund Rs.47,92S to the respondent/complainant, which was collected by them under a bill issued to respondent/complainant. Appellant have further been directed to pay compensation for mental agony and interest on the aforesaid amount w.e.f. date of filing of the complaint as well as cost of litigation. The bill issued by the Electricity Supply Company has also been directed to be reissued with certain calculations and adjustment of the amount.
(2.) UNDISPUTEDLY . the respondent/complainant was having an electricity supply connection provided by the appellants/Electricity Supply Company at her residence Thakur Colony, Mohan Nagar, Durg (C.G.) Her case was that she was paying electricity bill regularly, but the officers of the Electricity Supply Company alleged that seal of the meter was tempered with and the electricity was used illegally. On this allegation, the supply connection was discontinued. When objections were raised by her, then bill of Rs. 1,11,970 which was earlier issued was corrected for an amount of Rs.88,050 which was paid by her and then only supply was restored. Her case was that disconnection of the supply of electricity as well as issuance of bill for an amount of Rs.88,050 and earlier of a higher amount comes in the category of deficiency in service, so, she filed consumer complaint before District Forum, which was resisted by the appellants herein, on the ground that there was in fact tampering of meter seal noted by Assistant Engineer and officers of the Electricity Supply Company. The meter was also tested in the Laboratory in presence of husband of the respondent/complainant and it was observed that there was tampering with circuit, as well as seal of the meter. It was also noted that some other adhesive substance, was there on the body cover of the meter. Thus, it was the case of theft of electricity, so, as per rules bill was issued and Electricity Supply Company, has not committed any deficiency in service in issuing such bill and in recovering that amount from the respondent/complainant.
(3.) LEARNED District Forum, after having considered the material placed before it by both parties, came to the conclusion that there was no tampering with the supply meter and there was no theft of electricity. On this finding, the Electricity Supply Company, was directed to refund the amount collected by it from the respondent/complainant along with interest and compensation for mental agony and cost of litigation. Before us, the appellants have filed certified copies of the criminal complaint filed by appellant against respondent/complainant and order sheets recorded in the Criminal case by the Sessions Judge, Durg. These documents, prima facie show that allegation was made by the appellants against respondent regarding commission of offence of theft of. electricity and such matter is pending before a competent Criminal Court. It is true that criminal complaint before competent Court has been filed after passing of the impugned order and therefore, it may be seen by the District Forum, as to whether filing of such complaint after passing of such order, has some effect on the finding by which respondent/complainant, has been exonerated from charge of theft of electricity.;