LAWS(MPCDRC)-2010-7-2

PRAMOD KUMAR SAHU Vs. M P POORVA KSHETRA VIDYUT VITARAN CO LTD

Decided On July 29, 2010
PRAMOD KUMAR SAHU Appellant
V/S
M P Poorva Kshetra Vidyut Vitaran Co Ltd Respondents

JUDGEMENT

(1.) PRESIDENTTHIS appeal under Section 15 of the Consumer Protection Act, 1986 (hereinafter referred to as the Act'), is directed against the order dated 18.8.2009, passed by the District Consumer Disputes Redressal Forum, Chhatarpur in Case No. 38/09.

(2.) THE facts of the case are staggering inasmuch as, an application made by the appellant for electricity connection to the respondent Electricity Company (erstwhile Board) in the year 1998 remained unattended till 2007 and out of sheer disgust, the appellant requested the respondent to give back the amount deposited for the electricity connection along with interest but that was also not done. Eventually, the appellant was driven to file a complaint before the District Forum and the Forum has directed the respondent -Vidyut Vitaran Co. to pay Rs. 725, deposited by the appellant for the said connection with 6% interest from 9.4.2007. It also awarded a sum of Rs. 500 as damages and Rs. 250 as cost.

(3.) MS . Singhai, learned Counsel appearing for appellant submits that Section 43 of the Electricity/Act, 2003 casts a duty on the licensee to provide electricity to such premises, within one month after receipt of application in this behalf from the owner or occupier of the premises. The only excuse which is being advanced, for not providing the electricity is that the father of the appellant -complainant had filed objections. Those objections had also not been brought on record, though an affidavit of Babulal Sahu has been filed before the District Forum.