- (1.) MR . Justice This appeal, under Section 15 of the Consumer Protection Act, 1986 , is directed against the order dated 6.3.2002 in Complaint No. 107/01 by District Consumer Disputes Redressal Forum, Rajnandgaon (hereinafter called the District Forum for short) directing the appellants to refund within 2 months the amount of Rs. 16,716/ -. It was further directed that interest @ 9% per annum would also be payable in case it is not refunded within 2 months.
(2.) UNDISPUTABLY the complainant had applied for an electric connection for Flour Mill. As per directives of the respondent Electricity Board, he had deposited on 9.5.2000 of Rs. 16,716/ - and Rs. 626/ - as Security Deposit for obtaining the said electric connection. Later on the complainant/respondent sent an intimation dated 9.4.2001 to the appellants that his application for installation of the electric connection may be cancelled, as he is unable to take the connection due to damage to his property at Kutch on account of earthquake and on account of his ill -health. It is also not in dispute that the appellant Board had sent to the complainant bills for the months of June, 2001 to September, 2001 raising demand in respect of the said electric connection. The demand as above was challenged and it was prayed that the amount deposited by the complainant be refunded.
(3.) THE complaint was resisted by the appellants. In their written version it was averred that complainant/respondent had applied for and deposited the amount as per rules for obtaining 25 HP electric connection. Thereafter, an agreement was entered into between the parties. It was further averred that on the agreement coming into force, demand of electricity charges towards the said electric connection was raised by the appellants. According to the appellants the demand of electricity charges was justified and the complainant was not entitled to any relief. District Forum in the impugned order held that the agreement between the parties never came into force and, therefore, the appellants were not entitled to cover any amount towards electricity charges and were liable to refund the amount deposited by the complainant/respondent. Accordingly, the appellant was directed to refund the amount of Rs. 16,716/ -.;