State Consumer Disputes Redressal Commission
Suptdt. Engineer, Maharashtra State ... vs Shri Prabhakar Pundlikrao Dev on 21 November, 2013
STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
MAHARASHTRA, CIRCUIT BENCH AT NAGPUR
5th Floor, Administrative Building No. 1, Civil Lines,
Nagpur-440 001
Revision Petition No. RP/13/2
(Arisen out of Order Dated 07/11/2012 in Case No. CC/12/203 of
District Yavatmal)
1. Suptdt. Engineer
Maharashtra State Electricity
Distribution Co Ltd
Arni Road Yavatmal
Yavatmal
2. Executive Engineer
Maharashtra State Electricity
Distribution co Ltd
Arni Road, Yavatmal
Dist. Yavatmal.
...........Appellant(s)
Versus
Shri Prabhakar Pundlikrao Dev
R/o Ujjwal nagar Wadgaon Road
Yavatmal
...........Respondent(s)
BEFORE:
Hon'ble Mr. B.A. Shaikh, Presiding
Member
Hon'ble Smt.Jayshree Yengal Member Hon'ble Mr.N. Arumugam Member PRESENT:
Adv. Mr S L Alaspurkar ......for the Petitioner Adv. Mr Parijat Pande ......for the Respondent ORDER (Passed on 21.11.2013) Per Mr B A Shaikh, Honble Presiding Member
1. This revision petition is directed against the order dtd. 07.11.2012 passed in C.C.No.203/12.
2. We have heard both the advocates appearing for the petitioner and respondent. We have also perused the papers placed before us.
3. The complainant who is the respondent herein filed the complaint praying that direction be given to the original Opposite Party (for short the O.P.) / revision petitioner to issue average bill showing 800 to 1200 units p.m consumption and to cancel the bills which are issued showing excess unit consumption and to grant compensation of Rs.10,000/- and cost of Rs.5,000/-.
4. The original Complainant / respondent herein also moved application before the Forum below seeking stay to the recovery of the bill dtd.10.09.2012 for Rs.1,90,970/- issued to him by the petitioner herein. The said application was also opposed by the petitioner herein by filing reply. The Forum below after hearing both sides passed by impugned order on 07.11.2012 and directed the petitioner herein to accept Rs.50,000/- only from the complainant towards the said bill and not to disconnect electric supply of the complainant till the final decision of the complaint.
5. Feeling aggrieved by the said order original O.P. has filed this petition. The learned advocate of the petitioner submitted that in complaint no relief was sought specifically to cancel the said bill and therefore, interim relief granted by the Forum below is illegal. He also submitted that the test report of the meter produced by the O.P. / petitioner herein was not considered, which shows that there was no fault in the meter. He further submitted that twice meter of the complainant was changed and all the bills were issued as per the readings recorded in those meters and therefore, at interim stage no such direction can be granted.
6. On the other hand the learned advocate of the respondent supported the impugned order and submitted that there is no merit in the revision petition and hence, it may be dismissed. He has drawn our attention to the earlier bills showing consumption of 800 to 1200 units and therefore, according to him, the last bill for showing consumption of 9810 units is prima facie illegal. Thus, he submitted that the petition may be dismissed.
7. We find that when the test report of the meter by which the electricity was consumed by the complainant shows that there was no defect in the meter then no such relief can be granted to the complainant at an interim stage. The serious issues are involved in the present complaint as raised by the petitioner in its reply filed before the Forum below. In our view in such a case the grant of interim relief as discussed above is not called for and thus it is illegal.
8. We therefore, hold that the impugned order dtd. 07.11.2012 deserves to be set aside.
ORDER i.
The Revision Petiton is allowed.
ii.
The impugned order dtd. 07.11.2012 passed in C.C. No. 203/12 by the District Consumer Forum, Yavatmal is set aside.
iii.
No order as to cost in this revision.
[ B.A.SHAIKH] PRESIDING MEMBER [ SMT.JAYSHREE YENGAL] MEMBER [ N. ARUMUGAM] MEMBER sj