State Consumer Disputes Redressal Commission
Executive Engineer, M.S.E.D. Company ... vs Manohar Shantilal Bhandari on 26 August, 2010
1 F.A. No..:310-06
STATE CONSUMER DISPUTE REDRESSAL COMMISSION,
MUMBAI, CIRCUIT BENCH AT AURANGABAD.
Date of filing : 06.02.2006
Date of Order: 26.08.2010
FIRST APPEAL NO.310 OF 2006
IN COMPLAINT CASE NO. 316 OF 2005
DISTRICT CONSUMER FORUM: JALGAON.
1. Executive Engineer,
M.S.E.D. Company Ltd.,
Through its Executive Engineer,
Div. Office, Pachora, Dist. Jalgaon.
2. Flying Squad, Jalgoan,
Through its Dy. Executive Engineer,
Jalgaon, Circle Office, MIDC, Jalgaon. ... Appellants
-VERSUS-
Manohar Shantilal Bhandari
R/o. Parola, Main Road, Parola,
Tal. Parola, Dist. Jalgaon. ... Respondent
Coram : Shri.S.G.Deshmukh, Hon`ble Judicial Member.
Mrs. Uma S.Bora, Hon`ble Member.
Present: Adv. Kailas Patil, for the appellant.
Adv. Shri. Sunil Thite, for respondent.
:: ORAL ORDER::
Per Shri S. G. Deshmukh, Hon`ble Presiding Judicial Member
1. The present appeal is filed by M.S.E.B. against the judgment and order dated 27/01/2006 in complaint case No. 316/2005 passed by District Consumer Forum, Jalgaon.
2. The respondent/complainant's case before the Forum is that, he had taken electric supply for his Kirana shop. It is contended that the 2 F.A. No..:310-06 appellant inspected the meter on 17.01.2004. The same was removed on 18.01.2004 and false case is filed against the complainant before Spl.
Court, Amalner. It is contended that, the complainant did not tamper the meter. False panchanama is drawn. The appellant issued him bill for last three years dated 17.01.2004 for 6360 units amounting to Rs.48,739.50 and 25 % surcharge. It is contended that the complainant filed application before Superintending Engineer, M.S.E.B. on 19.03.2004 against the bill in question. It is contended that Assistant Engineer gave letter to Executive Engineer for issuing bill as per circular No. 2003/4347 dated 24.09.2003 for 587 units. It is contended that, the Executive Engineer, Pachora issued him bill for Rs. 21,532/- for 1173 units. As the complainant did not deposit the bill supply was disconnected. Thus, the complainant approached the Forum for restoration of supply and for cancellation of the bill and for declaration that bill dated 09.08.2004 as per Assistant Engineer is correct.
3. The present appellant appeared before the Forum and resisted the claim. The appellant contended that, the meter was inspected on 17.01.2004 and was removed the same on 18.01.2004. There is no dispute that, the case is pending before Spl. Court. It is contended that the bill issued for Rs.48,739.50 was correct. The complainant had filed the application for correction of bill. The bill was corrected and the correct bill amounting to Rs.21,532/- was issued on 06.07.2005.
4. Forum below after going through the papers and hearing the parties allowed the complaint and set aside the bill dated 22.01.2004. Forum directed to issue the fresh bill dated 22.01.2004 of 535 units in accordance with law. Forum further directed the appellant to pay Rs.2,000/- towards compensation by way of mental distress.
3 F.A. No..:310-065. Being aggrieved by the said judgment and order MSEB came in appeal.
6. Notices were issued to the appellant as well as the respondent. Respondent was reported to be dead. His L.R is brought on record by the appellant. Adv. Kailas Patil, appeared for the appellant and Shri. Sunil Thite, appeared for the respondent. We heard both counsels at sufficient length. We perused the papers. On perusal of papers it reveals that, the earlier bill amounting to Rs. 48,739.50 had been reduced by the Superintending Engineer to the extent of Rs. 21,532/-. It appears that the Asst. Engineer, Parola had written to the Executive Engineer for issuing bill as per circulation No. 2003/4347 dated 24.09.2003. He recommended to issue bill for 881 units. Forum below considered the circular in question and rightly allowed the complaint. We are not inclined to interfere the order passed by the Forum. Appeal is dismissed. No order as to cost.
(Mrs.Uma S. Bora) (S.G.Deshmukh)
Member Presiding Judicial Member
Kalyankar