H S E B Vs. JHAGDELIA OIL MILL

JUDGEMENT

(1.) The Haryana State Electricity Board has filed the present appeal against the order of District Forum, Gurgaon, by which the H. S. E/b. has been directed to charge on the basis of 5 HP load only without any extra load as the connection was being used only for the agriculture purposes.

(2.) The complainant had obtained electricity connection for running his Oil Mill. Later on the "chakki" was removed and connection was used for agriculture purposes only. On 9th of August, 1994 the complainant applied to the H. S. E. B. for reduction of the load from 15 HP to 5 HP and for that purpose deposited the requisite fee. However, this was not done for considerable long period and instead a bill for the amount of Rs.4539/- was issued to him. Since the H. S. E. B. failed to correct the bill, the complainant approached the District Forum. In reply to the notice, the H. S. E, B. pleaded that the meter of the complainant had become defective in June, 1993, so the consumption was being charged on average basis. This process of average billing continuing till 7th April, 1994. When the complainant failed to clear the arrears, which had accumulated to Rs.4722/- the meter was disconnected in February, 1995. Regarding the reduction of the load, it was pleaded that though the demand notice was issued to the complainant on 24th of January, 1995 and he submitted the test report also on 8th of March, 1995, but due to disconnection, the checking of the load could not be done.

(3.) After examining the entire matter, pleadings and evidence on record, the learned District Forum allowed the complaint and directed the respondent not to charge any extra rates on the basis of load of 15 HP.