Judgment

Authored by: Hon’ble Mr. R. N. Sarswat

The present appeal has been preferred by Assistant Engineer (D2), Bikaner Electricity Supplies Limited, Bikaner (hereinafter referred to as the “Appellant”) against the order dated 18.03.2021 passed by the District Consumer Disputes Redressal Commission, Bikaner (hereinafter referred to as the DCDRC) in Consumer Complaint No. CC/213/2019, whereby the DCDRC allowed the complaint, directing the Appellant to reconnect the electricity connection and to compensate for mental agony and the litigation expenses.

Complaint’s version

Mr. Roop Chand (hereinafter referred to as the “Complainant”) submitted that he has an electricity connection provided by the Appellant bearing K. No. 310113005182.

The Complainant further submitted that he, against his brother Mr. Narayan Prasad, is a party to Civil Suit No. 180/19 titled Narayan Prasad versus Municipal Corporation and Ors., which is pending before the court of Civil Judge No. 3 Bikaner. It was further submitted that the Hon’ble Court vide order dated 18.07.2019, passed in T. I. No. 168/2019 in the aforesaid suit, directed the parties to maintain status quo.

Thereafter, the Complainant submitted that on 29.09.2019, employees of the Appellant came to his premises and threatened him to disconnect the electricity connection. Consequently, the Complainant submitted an application dated 01.10.2019 to the appellant informing them about the status quo order and stating that all electricity bills had been regularly paid on time. However, despite the said application, the Appellant disconnected the said electricity connection without considering the aforesaid facts.

The Complainant further submitted that upon contacting the Appellant, he didn’t receive any satisfactory response. Consequently, he filed an RTI application dated 10.10.2019 before the Public Information Officer (hereinafter referred to as the “PIO) in the office of the Appellant to ascertain the actual reason for the disconnection. It was further submitted that the PIO directed Executive Engineer (M&P), Jodhpur Discom, Bikaner, that the requested information be supplied to the Complainant; however, no information had been furnished to him till the filing of the complaint.

The Complainant alleged that the Appellant, without any justifiable cause, disconnected his electricity connection and failed to reconnect the same despite the applications submitted by him, thereby causing him severe mental agony and physical hardship.

Proceedings before the DCDRC

Aggrieved by the alleged deficiency in services on the part of the Appellant, the Complainant instituted a Consumer Complaint No. CC/213/2019 before the DCDRC Bikaner, seeking, inter alia, the following reliefs:

1. Restoration of the electricity connection;

2. Compensation of Rs. 50,000/- towards the mental agony and physical hardship suffered by the Complainant;

3. Reimbursement of Rs. 10,000/- for the litigation expenses; and

4. Any other relief deemed just and proper in the facts and circumstances of the case.

In support of the complaint, the Complainant placed on record various documents, including copies of the electricity bills for October 2019, the application dated 01.10.2019 submitted by the Complainant to the Appellant informing them about the status quo order, a show cause application addressed to the Appellant, the order dated 04.11.2019 passed on the RTI application, and the order sheet pertaining to Temporary Injunction Application No. 168/2019. The complainant also tendered his evidence by way of affidavit.

In response thereto, the Appellant filed its written statement/reply contesting the allegations levelled by the Complainant. The Appellant contended that during a site inspection conducted on 09.10.2019, it was found that the Complainant had shifted the electricity meter to a location which posed a risk of injury to human beings and animals. It was further contended that, despite being advised not to do so, the Complainant fa