CHAIRMAN AND MANAGING DIRECTOR Vs. VARALAKSHMI ENTERPRISES

JUDGEMENT

(1.) This is an appeal preferred by the opposite parties, the Electricity Board, against the order of the District Consumer Forum directing it to issue service connection to the complainants premises, besides compensation of Rs.10,000/- and costs of Rs.1,000/-.

(2.) The case of the complainant in brief is that it is firm represented by its Managing Partner. It purchased 25 cents of land from one Siribathina Thrimurthulu for establishing ice factory on 6.7.2006 for Rs.1,34,000/-, vide sale deed Ex.A.1. When he made application for sanction of new service connection, the Electricity Board directed him to pay Rs.3,05,860/-. Accordingly the same was deposited by way of six pay orders drawn on Karur Vysya Bank, Eluru on 27.11.2006. He also submitted LT agreement. While so, on 24.1.2007 the Electricity Board issued a demand notice directing him to pay Rs.1,47,485/- on the ground that the previous service consumer was due. The said demand notice is illegal. In fact there was no earlier service connection. In fact the Asst. Divisional Engineer, Operations issued a letter mentioning that there was no dues on the said service connection. Again issuing demand notice is illegal. Therefore, he sought for a new service connection besides compensation and costs.

(3.) The Electricity Board resisted the case. It denied each and every allegation made in the complaint. It alleged that the complainant had failed to prove that there was no dues for the earlier service connection. While directing him to deposit the amount, it was clearly mentioned that before releasing the L.T supply, the complainant had to observe the departmental rules. The complainant having agreed cannot turn round and question the demand notice. In fact S.Trimurthulu, the Managing Partner of Sri Lakshmi Ice Plant obtained service connection No.240 of Bhimadole. He was liable to pay Rs.1,47,485/- towards 50% of the amount due. The Department provided the earlier service connection provided he would pay the amount due. Therefore, it prayed for dismissal of the complaint with costs.