OPERATION H S E B HISSAR Vs. CHANDER BHAN

JUDGEMENT

(1.) Whether a lis under the Consumer Protection Act, 1986 , pertaining to services hired, can be decided merely on the basis of the complaint and the controverting counter-version thereto alone? This is the focal threshold question in this appeal.

(2.) The relevant facts lie in a narrow compass, but deserve notice in some detail. Dr. Chander Bhan respondent had preferred a somewhat brief single page complaint, giving rise to this appeal, before the District Forum at Hisar on the 23rd May, 1990. Therein it was alleged that the complainant was constructing a house on plot No.462, Sector 15-A, Hisar, wherein for the supply of electricity a domestic meter No. HB-526 was installed, for which payment on the basis of average bill from January, 1990 onwards was duly made. However, on the 9th May, 1990 a case under Sec.379 of the Indian Penal Code and under Sec.39 of the Electricity Act was registered against him by the police at the instance of the Electricity Department for stealing electric energy through bypassing the installed meter. Further a notice-cum-bill amounting to Rs.3961.50 was issued against the complainant, and, apparently, the said amount was deposited under protest. The primal grievance of the complainant was that the bill amount was false because he had never consumed the energy as had been shown therein, and consequently, he was not liable to pay the aforesaid amount. The relief claimed was that a direction be issued to the Department to withdraw the said illegal bill. Only a copy of the notice-cum-bill was attached to the somewhat cryptic complaint.

(3.) Notice was issued to the opposite party by the District Forum on the said complaint for the 20th June, 1990. In response thereto a counter version, controverting the material allegations in the complaint, was duly filed. The material part of the averments was in para 6 thereof, which deserves notice in extenso:-