DHANALAXMI ROTO SPINNERS LTD Vs. A.P. POWER GENERATION CORPORATION LTD

JUDGEMENT

(1.) This is an appeal preferred by the complainant against the order of the Dist. Forum declining the relief of refund of Rs. 1,87,254/- on termination of the agreement.

(2.) The case of the complainant in brief is that it is a company obtained H.T. service connection No. MBN 439 for its industrial purpose from the respondent<RP>A.P. Power Generation</RP>Corporation Ltd. (herein after called APGENCO. by deposing Rs. 3,13,610/-. Later agreement was terminated with effect from 25.5.1998 confirmed by the Superintendent Engineer (Op2. by his letter Dt. 16.9.98. When it sought for refund of the deposit the respondents did not pay. On that it has issued legal notice on 17.7.2000 for which respondent gave reply on 12.4.2001 with false allegations. Failure to refund the amount constitutes deficiency in service and therefore sought for a direction against the respondents to pay Rs. 3,13,610/- with interest @ 12% p.a., from 25.5.1998 till the date of payment together with compensation and costs.

(3.) The respondents APGENCO resisted the case. However, it admitted that it had entered into an agreement with the appellant on 11.4.1989 and started supplying power from 6.10.1989. An amount of Rs. 3,87,000/- was available as deposit as on the date of termination of the agreement which was made on 25.5.1998. The power was also disconnected on the said day. By virtue of clause 26.9 of the agreement it had to pay all the dues amounting to Rs. 1,87,254/- as on the date of termination. It was adjusted from out of the deposit of Rs. 3,87,000/-, and an amount of Rs. 1,99,746/- was refundable. Besides that, the complainant had to observe certain formalities like removal of CTPT (HT meter. and payment of dismantling charges. Therefore the complainant was entitled to the balance of amount, only after fulfilling this condition. As per clause 28.3. of the terms and conditions of supply it was liable to pay interest @ 3% p.a., on existing consumption deposit. An amount of Rs. 9,288/- towards interest on deposit as on 31.3.1998 was paid by adjustment against the dues in the month of May, 1998. The cause of action has arisen at Mahaboobnagar and the Dist. Forum at Hyderabad had no jurisdiction. It contended that it was not a consumer dispute. Therefore it prayed for dismissal of the complaint with costs.