Unauthorized occupants are not entitled to electric connection, and the specific conditions for sanctioning electricity connections must be complied with.

Mr. D.D. Bahuguna, Member—This appeal has been filed by Sub-Divisional Officer, U.P.S.E.B., Obra against the judgment and order dated 28.2.2000 passed by District Consumer Forum, Sonebhadra in Complaint Case No. 44/1999. The case of the complainant before the District Forum was that she alongwith other persons were working as contract labourers employed by the contractor and were engaged in production of hydro electricity, but are deprived of the facility of power. On 18.9.1996 the husband of the complainant alongwith other contract labourers represented to the General Manager of the opposite party that since the workers were engaged in the production of power, they be given the power facility. Accordingly Sri Nandlal Yadav was given electric connection with the condition that he will supply power to the labourers residing in a cluster and the payment will be made collectively. The payment of electricity was being deposited by Nandlal Yadav. All of a sudden the above said Nandlal Yadav disconnected the connection and stated that the Sub-Divisional Officer has not authorised such connection and each person was required to take his own connection. The amount of Rs. 400/- as security and Rs. 250/- as meter charges was given about 7/8 months back by the complainant but the electricity connection has been disconnected. A claim was lodged before the learned District Consumer Forum for a total amount of Rs. 2,900/- alongwith 18% per annum interest and compensation of Rs. 50,000/- for mental and physical harrassment as well as cost of proceedings before the learned District Forum.

2. The opposite party in the written statement in which the allegations contained in the complaint were refuted. It was stated that no proper application for electric connection was given by each individual. An electric connection could be sanctioned only after completing formalities which the complainants have not completed. The person who proposes to hold connection has to file a certificate of residence and ownership and since the complainant was the tenant, electric connection cannot be given. It has also been stated that in the Obra Thermal Project, power was given to the labourers through the contractor for a specific period of time but the complainant and her husband did not work in project. There is no provision for providing electricity to the workers engaged in the project, unless necessary terms and conditions for sanctioning the connection are complied with. The complaint was not maintainable before the learned District Forum.

3. After hearing both the parties, the learned District Forum directed the opposite party to invite applications from all residents of area who desire to have the electricity connection and after completing the formalities the connection must be provided within 45 days.

4. Aggrieved against the judgment of the learned District Forum, the S.D.O. Obra Plant Division and General Manager, Thermal and Hydro-electric Power Plant, Obra has come in appeal.

5. In the memo of appeal it has been stated that in the Obra Thermal Project Plant, labourers work under contractors for a particular period and purpose. They are not the permanent residents and not the tenants. They have constructed temporary huts over the land which is property of the opposite parties. Connections are not given to workers employed by the contractors. It was the duty of the contractors to provide electricity to the labourers engaged by them. The complainant and her husband are not employed by the contractor. The complainant has not completed any formalities of filling up the prescribed application forms nor it made any payment to the opposite party. The opposite parties are not bound to give connections to each and every applicants. Sri Nandlal Yadav had completed all the formalities and he made payment of requisite money after entering into a proper agreement with the opposite party. The complaint was, therefore, not maintainable before the District Forum.

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