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ANDHRA PRADESH THE STATE COMSUMER DISPUTES
REDRESSAL COMMISSION, HYDERABAD
Present : Hon’ble Mr. Justice Lakshmana Rao, President;
Mr. Pothuri Venkateswara Rao, Member
ASSISTANT ENGINEER AND ANOTHER—Appellants/Opposite Party
versus
GUNDA HANUMANTHA RAO—Respondent/Complainant
C.D. Appeal No. 123 of 1991 — Decided on 28.3.1992

Advocates:
Counsel for the Parties:
For the Appellant :Mr. C.V. Nagarjuna Reddy Advocate.
For the Respondent: None appeared.

Headnote:Consumer Protection Act, 1986 - Section 12/17 - Domestic service connection of complainant was disconnected on the ground that complainant misused it by operating 2 H.P. motor for commercial purpose - Complainant was alleged to have made a statement admitting use of connection for commercial purpose - However version of appellant opp. party found falsified by a meter charge slip - It was certified by that slip that there was no theft or malpractice in the service connection - District Forum was justified in directing appellant to continue service connection & pay Rs. 500 towards compensation. (Paras 2 & 3)

       Result: Appeal dismissed.

       

ORDER

Mr. Justice Lakshmana Rao, President — This appeal is directed against the order of the District Forum, Guntur in C.D. No. 95 of 1989 dated: 13-11-1990 directing the electricity Board to restore the service No. 307 of the respondent herein within three days. It was further directed that llie appellant herein shall pay Rs. 500.00 (Rupees Five Hundred only) to the Respondents towards compensation and costs.

2. It is submitted by the learned Counsel for the appellant that the respondent had misused the domestic service connection for commercial purpose by operating 2 H.P. motor from August, 1985 and therefore, he was liable to pay the charges levied by the Electricity Board. The question whether the so-called statement of the respondent admitting that he had been using the domestic service connection No. 307 for a commercial purpose by using 2 H.P. motor from August, 1985 was genuine or not, was dealt with at length by the District Forum and held that the statement alleged to have been given by the Respondent cannot be believed having regard to the oral and documentary evidence on record. After going through the relevant material, we are fully satisfied that the finding recorded by the District Forum is correct.

3. The learned Counsel for the appellant has produced a copy of the statement alleged to have been given by the respondent. It shows that the respondent had admitted that he had been using the domestic service connection No. 307 for a commercial purpose by operating 2 H.P. motor from August, 1985. The most relevant documentary evidence which falsifies the version of the appellant is Ex. B.4 which is a meter change slip dated 24-7- 1986 where in it was specifically mentioned by the concerned employee of the Electricity Board, who had changed the meter that the reason for the change of the meter was “meter burnt”. He had certified that there was no theft of energy or malpractice in the service relating to No. 307. If the respondent had been using the domestic service No. 307 for the operation of 2 H.P. from August, 1985 as alleged in the statement of the respondent, the employee of the Electricity Board who had visited the service connection on 24-7-1986 would not have endorsed as stated above. In view of these facts the District Forum was quite justified in directing the appellants to continue the service connection No. 307 in category No.1 and pay Rs. 500/- (Rupees Five Hundred only) towards compensation and costs of the respondent herein. For the reasons stated above, the appeal fails and is accordingly dismissed. No Costs.

Appeal dismissed.





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