- (1.) SINCE Civil Misc. Application No.336 of 2003 has been granted, this appeal has been given number.
(2.) WE have heard the learned Advocate appearing for the opponent Gujarat Electricity Board (GEB for short) now the appellant and the original complainant, now the respondent, who is aged about 78 years. We have gone through the impugned order. We have gone through the memorandum of appeal.
(3.) IT would appear that the complainant, a doctor, running Manav Mitra Parivar Trust and rendering social and charitable services to the poor persons had the occasion to come across a great deal of trouble from the side of opponent Gujarat Electricity Board inasmuch as the opponent GEB recovered from him Rs.2,823.75 for supply of electricity to the complainant illegally and against the rules of opponent GEB. The electric connection which was given to the complainant was made available from the pole which was at a distance of less than 30 metres and electric connection in that event should have been given free of charge as per the rules of the opponent GEB. He, therefore, prayed for refund of the amount, compensation and cost before the learned Consumer Disputes Redressal Forum, Ahmedabad (Rural), Ahmedabad. The opponent GEB resisted the complaint inter alia on the ground that the estimate given to the complainant and the payment made by the complainant was in accordance with the rules. Upon consideration of the material and evidence placed before it, the learned Forum came to the conclusion that the opponent GEB recovered the amount as aforesaid from the complainant against its own rules and was guilty of deficiency in service in that respect.;