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2009(2) CPR 404 (NC)
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION, NEW DELHI
Ashok Bhan, President & B.K. Taimni, Member
Omesh Rai Pahuja –Petitioner
versus
BM (Commercial) of B.S.E.S. Yamuna
Power Ltd. –Respondent
Revision Petition No.635 of 2006
Decided on 11-5-2009

Counsel for the Parties:
For the Petitioner: In-person.
For the Respondent:Ms. Sanjana J. Bali, Ms. Shweta Kapoor, Advocates.

Headnote:Consumer Protection Act, 1986—Sections 12 and 17—Deficiency in service—Revision by complainant for enhancement of compensation—2kw domestic power sanctioned by respondent was declined to be installed on ground that a three phase connection meter had already been sanctioned and installed on the same floor for which second connection was applied unless petitioner showed a second dwelling unit—District Forum allowed complaint and directed installation of second connection and awarded compensation of Rs.500/-—State Commission enhanced compensation to Rs.5,000/-—Revision—In the facts and circumstances of case compensation assessed and awarded by State Commission was adequate and called for no enhancement. (Para 7 to 9)

       Result: Revision dismissed.

       

ORDER

Ashok Bhan, President—Complainant-petitioner herein has filed the present Revision Petition seeking enhancement of compensation.

Briefly stated, the facts of the case are:-

2. Complainant applied for electric connection of 2 KW domestic power. Respondent sanctioned the said electric connection on deposit of requisite amount of Rs.l,775/-. Later, respondent refused to give connection on the ground that a 3-phase meter connection had already been sanctioned and installed on the ground floor of the complainant’s property. Petitioner was asked to show second dwelling unit with second kitchen and, only then, second meter for the same floor could be installed. The petitioner filed a complaint before the District Consumer Disputes Redressal Forum III, C-Block, Janakpuri, New Delhi, (hereinafter referred to as ‘the District Forum’ for short).

3. District Forum directed the respondent to install the meter of sanctioned connection of the Complainant after completing all the technical and commercial formalities and awarded Rs.500/- as cost.

4. Petitioner, being aggrieved, filed an Appeal before the State Consumer Disputes Redressal Forum, Delhi (hereinafter referred to as ‘the State Commission’ for short) for grant of compensation. The State Commission by its impugned Order granted compensation of Rs.5,000/- inclusive of cost of litigation. The present Revision Petition has been filed seeking enhancement of compensation.

5. Thereafter, the petitioner filed an Application before the State Commission stating therein that the State Commission had announced the award of Rs.50,000/- whereas in the Order, it was mentioned as Rs.5,000/-. Petitioner in that application had prayed that he be given Rs.50,000/- as compensation. State Commission rejected Application of the petitioner vide its Order dated 03.01.2006 stating therein that adequate compensation had already been awarded.

6. We have gone through impugned Order dated 04.10.2005 passed by the State Commission in the main Appeal as well as the Order dated 03.01.2006 of the State Commission passed on the Application filed by the petitioner.

7. Petitioner had applied for electric connection of 2 KW domestic power on 23.10.1997 and the said connection was sanctioned on 23.01.1998 on depositing the requisite fee. Later, the respondent refused to give the connection on the ground that 3-phase meter for ground floor had already been sanctioned and installed and another meter could not be given unless the petitioner proved that there were two dwelling units with second kitchen. Second meter connection could be provided for the second dwelling unit and not for the same unit.

8. Reliance placed by the petitioner, who appeared in-person, on an Order passed by the Rajasthan State Commission in a case having somewhat similar facts wherein compensation of Rs.20,000/- was awarded, is of no avail as the compensation has to be awarded by the Forum keeping in view the facts and circumstances of each case.

9. In the given facts and circumstances of the case, the compensation of Rs.5,000/- awarded by the State Commission is adequate and does not call for any enhancement. Dismissed. No costs.

Revision dismissed.

*******




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