State Consumer Disputes Redressal Commission
Faruqi Multi Speciality Hospital vs The A.P. Transco on 4 March, 2014
BEFORE THE A.P STATE CONSUMER DISPUTES REDRESSAL COMMISSION AT HYDERABAD. CD 70 of 2002 Between: Faruqi Multi Speciality Hospital 23-1-987/1, Moghalpura Hyderabad. Rep. by its Partner Dr. Mrs. Naveed Siraj W/o. Dr. Sirajuddin R/o. 23-1-987/1, Moghalpura, Hyderabad. *** Complainant And The A.P. Transco, Charminar Rep. by its Assistant Divisional Engineer (Operation) Distribution-II, Circle-II Charminar, Hyderabad. *** Opposite Party Counsel for the complainant: M/s. V. Rajagopal Reddy Counsel for the Opposite Party: M/s. O. Manohar Reddy CORAM: HONBLE SRI JUSTICE GOPALA KRISHNA TAMADA, PRESIDENT & SRI R. LAXMI NARASIMHA RAO, HONBLE MEMBER
Oral Order: 04/03/2014 (Per Honble Justice Gopala Krishna Tamada, President) ***
1) This CD has a chequered history. It may not be necessary for us to go into the various facts which led to filing of this CD and the Writ Petitions in the High Court of A.P. etc.
2) The simple point is that, the Electricity Authorities i.e., the Opposite Party herein issued a provisional assessment order estimating the value at Rs. 10,76,175/- in respect of Service Connection bearing No. X2-4641/II and also Rs. 9,72,328/- in respect of Service Connection bearing No. X2-4630/II situated at D.No. 23-1-986/1, Moghalpura, Hyderabad, the same is challenged by the complainant by filing the present complaint u/s 17 of the Consumer Protection Act before this Commission. The prayer in the said CD is as under :
Therefore, it is prayed that the Honble Fourm may be pleased to declare the action of the Opposite Party in provisionally estimating the value of energy pilferaged at Rs.
10,76,175/- in respect of the Service Connection bearing No. X2-4641/II and Rs. 9,72,328/- in respect of the Service Connection bearing No. X-4630/II situated at D.No. 23-1-987/1, Moghalpura, Hyderabad as illegal, arbitrary and opposed to the principles of natural justice and pass such other order or orders as this Honble Tribunal/Forum may deem fit and proper.
In our considered view, this CD would have been disposed of at the time of admission itself, for the reason that, it is only a provisional assessment order which is in the nature of a notice. When such an order is issued, obviously, the complainant had to respond, and offer its explanation, and if the said explanation is satisfactory, the opposite party may not initiate any action, otherwise it will pass final order directing the people like the complainant to pay the said amounts. As stated earlier, as it is in the nature of notice, in our considered opinion, this CD can be disposed of with a direction to the complainant i.e., Faruqi Multi Speciality Hospital to offer its explanation within a period of six weeks, and on such explanation, the Opposite Party shall afford an opportunity of hearing to the complainant and thereafter it can pass appropriate orders. Accordingly, this CD is disposed of. No costs.
1) _______________________________ PRESIDENT
2) ________________________________ MEMBER APPENDIX OF EVIDENCE WITNESSES EXAMINED FOR COMPLAINANT : None OPPOSITE PARTY: None DOCUMENTS MARKED FOR COMPLAINANT:
Ex. A1; Receipt issued by e-seva towards payment of electricity bill dt.
1.10.2002 for Rs.
12,630/- for SC No. 18X24641 along with bill Ex. A2; Receipt issued by e-seva towards payment of electricity bill dt.
1.10.2002 for Rs.
11,084/- for SC No. 18X24630 along with bill Ex. A3; Receipt issued by e-seva towards payment of electricity bill dt.
1.9.2002 for Rs. 8,469/- for SC No. 18X24641 along with bill Ex. A4; Receipt issued by e-seva towards payment of electricity bill dt.
1.9.2002 for Rs. 8,095/- for SC No. 18X24630 along with bill Ex. A5; Receipt issued by e-seva towards payment of electricity bill dt.
21.8.2002 for Rs.
3,294/-/- for SC No. 18X24641 along with bill Ex. A6; Receipt issued by e-seva towards payment of electricity bill dt.
21.8.2002 for Rs. 2,956/- for SC No. 18X24630 along with bill Ex. A7; E-seva receipts for Rs. 5,594/- and Rs. 3,362/- towards payment of electricity bills dt.
23.4.2002.
Ex. A8; Bunch of bills and receipts pertaining to complainant service connections.
DOCUMENTS MARKED FOR OPPOSITE PARTY :
Ex. B1; Inspection report dt. 25.7.2002 of Inspecting Officer pertaining to SC No. 18X24641.
Ex. B2; Inspection report dt. 27.7.2002 of Inspecting Officer pertaining to SC No. 18X24641 & SC No. 18X24630 Ex. B3; Initial Assessment Notice (Pilferage) dt. 27.7.2002 issued by Op Department to the complainant for SC No. 18X24641.
Ex. B4; Initial Assessment Notice (Pilferage) dt. 27.7.2002 issued by Op Department to the complainant for SC No. 18X24630 Ex. B5 Colour photograph showing the pilferage of energy.
1) _______________________________ PRESIDENT
2) ________________________________ MEMBER *pnr UP LOAD O.K.