IMPORTANT POINTS
(1) Rule of convenience – Rule of exhaustion of alternative remedy is not a rule of law rather a rule of convenience.
(2) Concurrent Jurisdiction – Consumer forum has concurrent jurisdiction.
(3) Jurisdiction – Statutory court/tribunal is required to examine as to whether its jurisdiction is expressly or impliedly barred under any statute.

ORDER

Heard Mr. Sukumar Pattjoshi, Sr. Advocate, assisted by Mr. Gunjan Kumar, Advocate, for the complainant and Mr. Gaurav Bhatiya, Sr. Advocate, assisted by Mr. Aditya Shankar Prasad, for Opposite Party-4 and Mr. Pradeep Mishra, Advocate, for Opposite Parties-1,2,3 and 5. Although Supreme Court has directed for disposal of interim application but both the Parties agreed to argue on the merit in the complaint.

2. This complaint has been filed for setting aside (i) Electricity bills cum notice for the period of 27.03.2009 to 26.04.2009 (Annexure-C-14), dated 21.08.2009, 03.06.2011, 03.09.2011, 16.02.2012 and 05.03.2012 (Annexures-C-23, C-27, C-34, C-46, C-50-A) and letters dated 04.08.2009, 04.08.2011, 17.08.2009, 05.03.2012 (Annexures-C-20, C-31, C-22, C-48), Audit Report (Annexure-C-42) and orders dated 16.01.2012 and 31.01.2012 (Annexures-C-44, C-45) (ii) to direct the opposite parties continue treating the complainant in the category of LMV-1, 2(b)(ii) and sent all future bills accordingly, (iii) to direct the opposite parties to pay compensation of Rs.20/- lacs, for the inconvenience and litigation expenses, (iv) to pay compensation of Rs.20/- lacs for mental agony and (v) any other relief, which may deem fit and proper in the case.

3. The complainant stated as follows:-

(a) ‘Radha Soami’ sect has been established on the ideals of “Fatherhood of God and brotherhood of Man” by a religious saint. The followers of this sect lead simple and religious life without any feeling of caste and class and believe in selfless service. The propounder saint of the sect had his ‘ashram’ at Dayalbagh. The followers used to visit there for ‘satsang’ i.e. religious congregation. By the passage of time, the followers began to reside there and a bulk of the land, which was full of shrubs and sand dunes, was levelled and developed into residential colony and agricultural farms by them. State of U.P. declared Dayalbagh colony as a ‘Town Area’ under U.P. Town Areas Act, 1914, vide notification dated 29.01.1957. “The Radha Soami Satsang Sabha, Dayalbagh, Agra”, (for short, the society) a religious and charitable society, was formed on 26.03.2010 and registered on 17.11.1921, under the Societies Registration Act, 1860. The object of the society is to propagate the teachings of the Radhasoami faith and initiate the people into the faith, to hold ‘satsang’, to construct and maintain Holy samadhis of the Founder of the Radhasoami faith and other departed saint sadgurus, to maintain and run the colony of Dayalbagh, to maintain and run subsidize educational institutions for advancement of religion, moral, mental, social, cultural, scientific, technical, industrial, commercial, agricultural, medical, legal etc. The society and its associated organisations established charitable hospitals, dispensaries, schools, colleges, higher learning technical college, vocational training centres and deemed university at Dayalbagh. In the hospital, consultation and treatment of any patients are free. The educational institutions are run on ‘no profit-no loss basis’.

(b) The society had two low tension (LT) electricity connections, i.e. (i) Connection No. M254151, sanctioned load-302 KW, category LMV-1, Residential and (ii) Connection No. M254121, sanctioned load-153 KW, category LMV-IV-A, Institutional. There were frequent fluctuation in voltage, power cut and interruption of supply. In the year 2003, the society requested Uttar Pradesh Power Corporation Ltd. to amalgamate its two connections into one and fix its category of tariff, which was accepted on 20.03.2004, on the condition of deposit of infrastructural costs (i.e. 33/11 KV Sub Station, 33/11 KV transformer with its controlling circuit breaker, 11 KV circuit breaker, 11 KV transmission lines, 11 KV/400 V transformer and associated switch gears etc.), which came to about Rs.40 lacs and advance security. After deposit of infrastructural cost and advance security, the aforesaid two connections were amalgama