SUB-DIVISIONAL OFFICER SUB-DIVISION HARYANA STATE ELECTRICITY BOARD Vs. JAGIRO DEVI

JUDGEMENT

(1.) Haryana State Electricity Board has come up in appeal against the order dated 16.1.1998 passed by the learned District Consumer Forum, Yamuna Nagar, whereby the complaint of Jagiro Devi, a consumer of HSEB, alleging deficiency in service in the matter of supply of electricity, has been allowed by directing the appellants to release the electricity connection to the complainant within four months.

(2.) According to the complainant, she had applied for the electricity connection for tubewell as back as 5.9.1989 and had also completed all the requisite formalities. Despite all this, the electricity connection was not released to her tubewell. The complainant approached the District Consumer Forum for the issuance of necessary directions forthwith as the non-release of the electricity connection amounted to deficiency in service. In their reply, the HSEB admitted the factual position but contested the complaint by pleading that there were about 200 applicants senior to the complainant whose applications had been received by the HSEB much earlier to the date of complainant's application and unless the electricity connections were released to them, the HSEB could not permit the illegality of allowing the complainant to jump the queue. Despite this, the learned District Consumer Forum allowed the complaint by issuing the following directions : "so, in view of the above the complainant is entitled to the release of electricity connection for her tube well. However, keeping in view the practical difficulties with the Board due to shortage of material, the respondents are directed to release the electric connection to the complainant within four months from today failing which penal action will be taken against them. "

(3.) In the appeal before us, the learned Counsel for the HSEB has vehemently contended that simply because the complainant seeking electricity connection for her tubewell had deposited the fee and completed the other requisite formalities etc. does not make her entitled as a matter of right to have the electricity connection released forthwith, i. e. on priority basis over and above the applicants who had applied for a similar connection much earlier to her. We are entirely in agreement with him. The crux of the matter is that if already there are a number of applicants waiting for their turn earlier to the complainant under that very scheme, the HSEB cannot be compelled by the Consumer Courts to discriminate by showing preference to one applicant over the others. Consequently, we have no hesitation in allowing the appeal filed by the HSEB, setting aside the order passed by the learned District Consumer Forum and in dismissing the complaint. No order as to costs.