- (1.) THIS appeal arises from order dated 5th June, 2003 rendered by the learned Panchmahal District Consumer Disputes Redressal Forum in Complaint Application No.273/2002 directing the opponent Gujarat Electricity Board to pay to the complainant compensation in the sum of Rs.40,000/ - at the rate of Rs.20,000/ - per year on account of loss of earning out of crops which could not be taken for want of electricity supply as per the facts alleged in the complaint and to pay compensation in the sum of Rs.5,000/ - on the head of mental harassment as well as cost in the sum of Rs.1,000/ -, also providing for interest on default.
(2.) WE have heard the learned Advocates for the parties. We have gone through the impugned order. We have gone through the written submissions produced by the learned Advocate for the original complainant. We have heard him personally.
(3.) IT is not in dispute that the complainant did have electric connection as per the facts set out in the complaint. It is also not in dispute that the wires of electric connection joining the field of the complainant were stolen. What the complainant submitted before the learned Forum was that there was delay in supply of electricity by reconnecting the electric supply with new wires and the delay was to the extent of around 23 months. Opponent Gujarat Electricity Board (GEB for short) contended before the learned Forum that there were frequent acts of riots/thefts of electricity wires in the area in question. Number of complaints were given to the concerned police station. Opponent GEB produced FIRs in respect of the theft of electricity wires by anti -social and anti -national elements. Thus, it was the case of the opponent GEB that there was no default or imperfection on the part of the opponent GEB in respect of stoppage of electricity supply for which large scale thefts of electric wire was the cause. It had filed FIRs well in time. The theft of electric wires extended to a very huge area of around 1 kms. in different villages. The opponent was required to attend the reconnection of electricity supply in all these villages and considering the time required for attending to the said process the opponent Board could not be said to be guilty of delay in reconnecting the electricity supply.;