NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION
NEW DELHI
REVISION PETITION NO. 604 OF 2003
(From the order dated 22.1.03 in appeal No. 1491/02
of the State Commission, Maharashtra)
Chandrakant Mahadev Kadam … Petitioner
Versus
Asstt. Engineer, MSEB, Atpadi & Ors. … Respondents
BEFORE :
HON'BLE MR. JUSTICE D.P.WADHWA, PRESIDENT.
MR. B.K. TAIMNI,
MEMBER.
Electricity –
disconnection without reason- petitioner-complainant without electricity for 65
days – compensation of Rs.5,000/- held insufficient - enhanced to Rs.33,500/- @ 500/- for each day the electricity
remained disconnected - Members of the
Consumer Forums while assessing damages shall
put themselves in the position
of the complainant as to how he
suffered.
For the Petitioner :
Mr. Amlan Ghosh, Advocate
For the Respondent : Mr. Mohd. Rishal, Advocate
29.09.03
O R D
E R
It is the complainant who is petitioner before us. Though he succeeded in his complaint before the District Forum, he felt aggrieved by the limited amount of compensation awarded to him. His appeal filed before the State Commission was dismissed. The only issue raised before us is the quantum of compensation awarded to the petitioner/complainant.
Petitioner was the consumer of
electricity from the respondent. He was paying his bills regularly. For no reason higher amount of bill was
presented to him when no amount was due from him and his electric connection
was dis-connected which was restored only after 65 days. Petitioner made
various visits to the office of the electricity department but with no result. Department accepted the
mistake by its officers and said that it was due to negligence of its staff
that a wrong bill was sent and electric connection was dis-connected for 65
days. No doubt there was gross
deficiency in service. It appears that the negligent staff is not
accountable for the harassment done to a poor consumer. District Forum awarded a partly sum of
Rs.5,000/- as compensation to the complainant and State Commission held that to
be quite sufficient. State Commission
took serious view of the default committed by the officers of the Electricity
Department and yet it found the compensation awarded to be quite
reasonable. It is certainly paradoxical
situation if the members comprising the State Commission or District Forum had
their electricity disconnected for 65
days without any primary reason, they
would have certainly then felt that the amount of compensation of Rs.5,000/-
was pitiable. Unfortunately we do not
put ourselves in the position of a
consumer as to how he suffered. In our
view there is clear mis-carriage of justice and in fact award of Rs.5,000/- is
adding insult to injury. We would enhance the compensation to Rs.33,500/- @
Rs.500/- for each the electricity remained disconnected which amount shall be
recoverable by the department from its negligent and defaulting officials. Revision Petition is disposed off with costs which we assess at
Rs.5,000/-. The payment will be made to the complainant within two weeks from
the date of receipt of this order by the respondent.
………………..……………………………J.
(D.P.WADHWA)
PRESIDENT
…………………………………..…..
(B.K. TAIMNI)
MEMBER