ORDER :

1. The petitioner has filed this petition against the judgment passed by Chairperson, Public Utility, Permanent Lok Adalat, Raipur (C.G.) in Case No.07/2011 dated 31-01-2013 whereby the application moved by respondent under Section 22 of Legal Services Authorities Act, 1987 for refund of Rs.48,000/- of penalty amount, disconnection charges Rs.450/- (three times) and Rs.40,000/- as compensation for mental agony was partly allowed.

2. The case in brief is that, the respondent is consumer of the petitioner and his electricity connection service No. is 100184945551460015-00-271067. He has one more electricity connection bearing service No.1000859096. On 01-09-2010, an inspection was carried out by the officials of the petitioner in the residential premises of the respondent and the inspection report was prepared in presence of the respondent. In inspection, total load of 8465 watt was found which was in excess of the connected load as per agreed 6986 watt and 100 watt was also illegally used for commercial purposes. Thereafter, in the month of November 2010, electricity consumption bill of Rs. 54020/- was issued to the respondent. The respondent objected to it, but he was asked to pay Rs.25,000/- and his electricity connection was also disconnected and out of compulsion, he deposited Rs.20,000/- on 13-01-2011 and thereafter on 28-02-2011, 03-02- 2011 and 10-05-2011, he deposited Rs. 6000/-, Rs.5000/- and Rs.21,000/-, respectively and connection charges Rs.450/-. He further pleaded that in the inspection report there are mistakes and representation was moved in this regard before the authorities, but the same was not considered and Rs.48,000/- have been recovered from him. According to the respondent, cause of action arose on 13-01-2011 and thereafter, on 03-03- 2011 and 29-04-2011 when the petitioner company recovered Rs.48,000/- from him. He claimed Rs.48,000/- as the amount of penalty, Rs.450/- as connection charges and Rs.40,000/- as compensation for mental agony and harassment.

The petitioner company filed reply to the above stated application and stated that service connection no. of the respondent is 271067 and it is registered for domestic purposes and the permitted load is 6986 watt. On inspection dated 01-09- 2010, the load was found 8565 watt, a report was prepared and its copy was served upon the respondent and there was excess load of 100 kilowatt which was being used for commercial purposes. No objection was raised by the respondent at that time. The act of the respondent is covered under Section 126(4) of the Electricity Act and likewise, according to the clause 11.4 sub-clause (2) of C.G. Electricity Supply Act, 2005, if the load is in excess than permitted, it would come within the purview of Section 126 of the Electricity Act.

The permanent Lok Adalat vide judgment dated 31-01- 2013 held that on 01-09-2010 there was no excess load of 100 watt which was being used for commercial purposes, it is not proved that the respondent was using domestic connection for commercial purposes on 01-09-2010, the respondent has deposited Rs.25,000/-, Rs.5000/-, Rs.6000/-, Rs.21,000/- and Rs.450/- on 13-01-2011, 03-02-2011, 28-02-2011, 10-05-2011, respectively, this court has jurisdiction to entertain the application moved by the respondent, said application has been moved within limitation and further, the respondent is entitled to recover Rs.48,000/- as penalty amount.

3. Learned counsel for the petitioner submits that the judgment passed by the permanent Lok Adalat is without jurisdiction and the order of the provisional assessment was passed in accordance with Section 126(2) of the Electricity Act, 2003 and order of final assessment was passed as per the provisions of Section 127 of the Electricity Act, 2003, therefore, the respondent has remedy to prefer appeal before the appellate authority within 30 days.

4. Learned counsel for the respondent has not filed return to the petition, but Ms. Sameeksha Gupta submits that the ord