The central legal point established in the judgment is that the liability of one consumer cannot be transferred to another without proper legal basis or privity of contract.

Mr. Justice M.R. Agnihotri, President — Haryana State Electricity Board has come up in appeal against the order dated 15th March, 1994 passed by learned District Forum, Rewari, whereby complaint of one Madan Singh s/o Amar Singh has been allowed and the demand made by the Haryana State Electricity Board of Rs. 11,726/- purported to be liability of his late father Amar Singh who stood surety for one Ram Kanwar Singh having electricity connection No. KWG-193, who has become defaulter has been quashed. The complainant challenged the demand by contending that he had no privity of contract either with Ram Kanwar Singh or with H.S.E.B. nor did he ever stand surety for Ram Kanwar Singh. If his father had stood surety for Ram Kanwar Singh, who had defaulted in making certain payment, the amount could not be added by H.S.E.B. in the bill of the complainant. The plea having been accepted by the learned District Forum the complaint has been allowed.

2. In the appeal before us, learned Counsel for the H.S.E.B. has vehemently contended, that since Madan Singh happens to be the son of late Amar Singh and the estate of the deceased had devolved upon him including the tubewell connection etc., the payment of the H.S.E.B. should not have been defeated on technical ground. After hearing the learned Counsel for the appellant we do not find any merit in the appeal and the same is dismissed with no order as to costs, as H.S.E.B. could not transfer the liability of oneconsumer to another.

Appeal dismissed.

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