w w w . L a w y e r S e r v i c e s . i n



Shankar Saran v/s Chairman & Managing Director Eastern Power Distribution Co. of A.P.


Company & Directors' Information:- U. P. POWER CORPORATION LIMITED [Active] CIN = U32201UP1999SGC024928

Company & Directors' Information:- D B POWER LIMITED [Active] CIN = U40109MP2006PLC019008

Company & Directors' Information:- INDIA POWER CORPORATION LIMITED [Active] CIN = L40105WB1919PLC003263

Company & Directors' Information:- INDIA POWER CORPORATION LIMITED [Amalgamated] CIN = U40101WB2003PLC097340

Company & Directors' Information:- B L A POWER PRIVATE LIMITED [Active] CIN = U40102MH2006PTC165430

Company & Directors' Information:- L V S POWER PRIVATE LIMITED [Active] CIN = U40100TG1996PTC023552

Company & Directors' Information:- S L S POWER CORPORATION LIMITED [Active] CIN = U40109AP2005PLC047008

Company & Directors' Information:- S L V POWER PRIVATE LIMITED [Active] CIN = U40102KA2002PTC030448

Company & Directors' Information:- S. E. POWER LIMITED [Active] CIN = L40106GJ2010PLC091880

Company & Directors' Information:- D C POWER LIMITED [Strike Off] CIN = U40109TG1996PLC025996

Company & Directors' Information:- POWER CORPORATION OF INDIA LIMITED [Amalgamated] CIN = U50101WB1997PLC084060

Company & Directors' Information:- B V POWER PRIVATE LIMITED [Active] CIN = U40106DL2011PTC213428

Company & Directors' Information:- R AND H POWER COMPANY PRIVATE LIMITED [Active] CIN = U51109UP1965PTC003067

Company & Directors' Information:- B R POWER LTD [Active] CIN = U40106WB1995PLC073567

Company & Directors' Information:- N M S POWER PRIVATE LIMITED [Active] CIN = U51109WB1999PTC089747

Company & Directors' Information:- P R B POWER PRIVATE LIMITED [Strike Off] CIN = U40101TG1995PTC020647

Company & Directors' Information:- S V G POWER PRIVATE LIMITED [Active] CIN = U40300AP2012PTC084435

Company & Directors' Information:- INDIA POWER PRIVATE LIMITED [Active] CIN = U31900DL1995PTC070096

Company & Directors' Information:- M POWER INDIA PRIVATE LIMITED [Active] CIN = U31908MH2012PTC234343

Company & Directors' Information:- A N S INDIA POWER PRIVATE LIMITED [Active] CIN = U51101DL2014PTC266873

Company & Directors' Information:- P & M DISTRIBUTION PRIVATE LIMITED [Active] CIN = U51109WB2007PTC115999

Company & Directors' Information:- C R E M POWER PRIVATE LIMITED [Strike Off] CIN = U40101DL2001PTC111631

Company & Directors' Information:- D T POWER PRIVATE LIMITED [Strike Off] CIN = U40300AP2015PTC097226

Company & Directors' Information:- G S POWER LIMITED [Strike Off] CIN = U40102KA2010PLC054033

Company & Directors' Information:- POWER AND POWER PVT LTD [Active] CIN = U31300AS1989PTC003282

Company & Directors' Information:- P D M POWER PRIVATE LIMITED [Active] CIN = U40104AS2014PTC011780

Company & Directors' Information:- S B S POWER PRIVATE LIMITED [Strike Off] CIN = U40100AP2012PTC083965

Company & Directors' Information:- B & G POWER LIMITED [Active] CIN = U40105PB2010PLC033765

Company & Directors' Information:- S POWER PRIVATE LIMITED [Active] CIN = U19202DL1986PTC026505

Company & Directors' Information:- G M POWER PRIVATE LIMITED [Strike Off] CIN = U40105PN2003PTC017857

Company & Directors' Information:- POWER INDIA PVT LTD [Strike Off] CIN = U31102WB1983PTC036315

Company & Directors' Information:- S AND S POWER PRIVATE LIMITED [Active] CIN = U40109PY2004PTC001824

Company & Directors' Information:- U S POWER PRIVATE LIMITED [Under Process of Striking Off] CIN = U40103MH2009PTC189364

Company & Directors' Information:- S & E DISTRIBUTION PRIVATE LIMITED [Strike Off] CIN = U74999TZ2014PTC020161

Company & Directors' Information:- AP INDIA PRIVATE LIMITED [Active] CIN = U51909DL2013PTC250218

Company & Directors' Information:- M V T DISTRIBUTION PRIVATE LIMITED [Active] CIN = U74900KA2015PTC078055

Company & Directors' Information:- K P M POWER PRIVATE LIMITED [Strike Off] CIN = U40102KA2008PTC046804

Company & Directors' Information:- POWER-X PRIVATE LIMITED [Strike Off] CIN = U99999DL1970PTC005331

Company & Directors' Information:- S K POWER INDIA PRIVATE LIMITED [Strike Off] CIN = U31101KA2006PTC039172

Company & Directors' Information:- R G D POWER PRIVATE LIMITED [Strike Off] CIN = U41000TG1996PTC023809

Company & Directors' Information:- SHANKAR COMPANY PRIVATE LIMITED [Active] CIN = U51109UP1958PTC002682

Company & Directors' Information:- M M R POWER PRIVATE LIMITED [Active] CIN = U31104DL2008PTC174079

Company & Directors' Information:- S J POWER PRIVATE LIMITED [Strike Off] CIN = U45207HR2012PTC045937

Company & Directors' Information:- T C POWER PRIVATE LIMITED [Strike Off] CIN = U40101PB2009PTC033405

Company & Directors' Information:- H. & T. POWER PRIVATE LIMITED [Active] CIN = U40106MH2016PTC287646

Company & Directors' Information:- S & O POWER PRIVATE LIMITED [Active] CIN = U40107MH2010PTC206447

Company & Directors' Information:- C L M DISTRIBUTION PRIVATE LIMITED [Strike Off] CIN = U51909MH2003PTC142339

Company & Directors' Information:- V D M-POWER PRIVATE LIMITED [Active] CIN = U74999MH2015PTC262999

Company & Directors' Information:- A C R POWER PRIVATE LIMITED [Strike Off] CIN = U74900UP2010PTC040987

Company & Directors' Information:- EASTERN CO PVT LTD [Active] CIN = U74140WB1943PTC011182

Company & Directors' Information:- W N POWER PRIVATE LIMITED [Strike Off] CIN = U40101JK2013PTC004009

Company & Directors' Information:- C K S POWER PRIVATE LIMITED [Strike Off] CIN = U40101KA2010PTC052199

Company & Directors' Information:- G C I POWER PRIVATE LIMITED [Active] CIN = U40107KA2010PTC053656

Company & Directors' Information:- R. C. POWER PRIVATE LIMITED [Strike Off] CIN = U40100GJ2009PTC058005

Company & Directors' Information:- J R J POWER PRIVATE LIMITED [Active] CIN = U40300GJ2015PTC082396

Company & Directors' Information:- D V N POWER PRIVATE LIMITED [Strike Off] CIN = U40101TG2007PTC053069

Company & Directors' Information:- EASTERN CORPN PVT LTD [Strike Off] CIN = U51109WB1936PTC008577

Company & Directors' Information:- A. R. POWER PRIVATE LIMITED [Strike Off] CIN = U74999DL2007PTC161616

    Revision Petition No. 459 of 2019

    Decided On, 17 June 2020

    At, National Consumer Disputes Redressal Commission NCDRC

    By, THE HONOURABLE MR. PREM NARAIN
    By, PRESIDING MEMBER

    For the Petitioner: Nemo. For the Respondent: ------



Judgment Text


This revision petition has been filed by the petitioner, Shankar Saran who was the original complainant before the District Consumer Forum-II, Visakhapatnam, (in short ‘the District Forum’), challenging the order dated 26.11.2018 passed by the State Commission, Andhra Pradesh in FA No.248 of 2017.

2. Brief facts of the case are that the respondent/ opposite party had disconnected the electricity connection of the complainant due to non-payment of arrear, however disconnection was only for four hours and the same was restored after paying Rs.75/- as reconnection charges to the opposite party. It was the case of the complainant that he was paying regularly electricity charges and under no circumstances, his electricity connection should have been disconnected. The complainant filed a complaint before the District Forum alleging deficiency in service on the part of the opposite party and for mental agony suffered by him and his family. The complaint was dismissed by the District Forum vide order dated 27.12.2016. Against the order of the dismissal, the complainant preferred an appeal bearing No.248 of 2017 before the State Commission. The State Commission allowed the complaint and directed the opposite party to pay Rs.5,000/- as compensation and litigation cost of Rs.5000/- within a period of eight weeks failing which appellant shall be entitled to 9% p.a. interest from date of order of the State Commission. Not satisfied with the order of the State Commission, the petitioner/complainant has preferred present revision petition.

3. The matter was listed for admission hearing on 25.11.2019. It was seen that the petitioner was not present on the consecutive last two dates. However, a letter from the petitioner dated 01.11.2019 was received by the Registry and the same was placed on 25.11.2019 before this Commission. It was prayed in this application that due to old age and ill health, the petitioner would not be able to come to attend the proceedings before this Commission. The petitioner also submitted written arguments along with this application and it was also requested that the matter be decided for admission on the basis of documents and written arguments submitted by the petitioner. Hence, the matter was reserved for orders particularly for admission. Following has been mentioned in the written submissions:-

“5. Hence, I most respectfully submit that my case may be decided on merit in my absence. I have full faith in the Hon’ble National Consumer Disputes Redressal Commission to do me justice for which I have been battling with the case first in the Hon’ble Forum since 4th February 2016 and then in the A.P.State Commission.”

4. A Ground has been taken in the revision petition that the opposite party disconnected the power supply arbitrarily and with high-handedness. It has been further stated in the revision petition that this revision petition has been filed not only for complainant it is for the benefit of other people, who were suffering from high-handedness of the opposite party. It is further mentioned in the revision petition that the compensation of Rs.5000/- may be enhanced to Rs.75,000/-. It has been further mentioned that an expenditure of Rs.57,850=93 has been incurred by the complainant on contesting this case and this should be considered.

5. I have gone through the orders of the District Forum and the State Commission as well as other records on the case file and the written arguments submitted by the complainant as well as grounds mentioned in the revision petition. The case of the opposite party is that the complainant had not paid the bill of November, 2015 and therefore, action was required to be taken. A defaulter cannot file a consumer complaint. On the basis of the facts and evidence, District Forum dismissed the complaint vide its order dated 27.12.2016. However, the State Commission has awarded compensation of Rs.5000/- and litigation cost of Rs.5000/- to be paid by the opposite party to the complainant.

6. It is seen that the revision petition has been filed for enhancement of compensation of Rs.5000/- and litigation cost of Rs.5000/-. Although the petitioner is saying that he is not pursuing the present revision petition only for him, but for other people who have suffered due to high-handedness of the opposite party. No application under Section 12(1)(c) of the Consumer Protection Act, 1986 has been filed and in fact, the complaint was not maintainable as it was not filed for other similarly placed persons. Consumer Forum is not meant for helping defaulters and the compensation has to be commensura

Please Login To View The Full Judgment!

te with the loss and damage caused to the complainant by the negligence of the opposite party as per Section 14(1)(d) of the Consumer Protection Act, 1986. In my view, the reasonable compensation and cost has been awarded by the State Commission and any request for enhancing compensation and litigation cost is not justified in the facts and circumstances of the case as the electric connection was only disconnected for four hours. Therefore, the revision petition no.459 of 2019 is dismissed at the admission stage.
O R