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1998 DIGILAW 198 (BOM)

Maharashtra State Electricity Board v. Sidramappa R. Gaikwad and others

1998-04-13

A.A.HALBE, G.R.BEDGE

body1998
JUDGMENT - A. A. HALBE, J.:---The Maharashtra State Electricity Board had filed these appeals against the order of the District Forum in Complaint Nos. 248, 250, 259, 295 296 of 1994 passed by District Forum, Solapur, directing the M.S.E.B. to refund Rs. 4, 745/- to each of the complainants out of the amounts of Rs. 4,995/- collected from each complainant. We may indicate that Appeal No. 822 is filed against C/259/94, Appeal No. 823 is filed against C/195/94, Appeal No. 824, is filed against C/250/94, Appeal No. 825 is filed against C/248/94 and Appeal No. 820 is filed against C/296/94. The relevant facts are as follows: 2.The complainants belong to Other Backward Class. They are allotted Block Nos. 40, 47, 25, 52 27 in Samrat Ashok Housing Society, Solapur. Complainants are the members of the Society. In 1990, they asked for the electricity connection from the M.S.E.B. and they made applications accordingly. The complainants and other members (47) were given electric connection on the basis of outright contribution scheme framed by the M.S.E.B. The total cost of the scheme was Rs. 1,89,800/- dividing this amount amongst 40 members, the contribution of each member came to Rs. 4,995/-. These complainants had paid this contribution and accordingly they were provided the electricity connection on the basis of above quotation. Only 5 complainants paid contribution in January, 1990 and they were accordingly provided with electricity connection. These facts do not appear to be disputed. However, by 29-8-1992, the other members were given concession and we allotted electric connection on their deposit of Rs. 200/- only. They belong to Mahar community and that is why, it is alleged they were asked to pay the low contribution of Rs. 200/-. The complainants therefore, made complaint with the M.S.E.B. in August, 1992, alleging that they should also be charged Rs. 200/- like other flat owners and that refund of Rs. 4,975/- be paid to them. The notice was given through Advocate on 29-11-1993 but there was no response from the M.S.E.B. regarding refund of amount. The complainants have prayed for the refund of the above amount-plus-Rs. 1,000/- by way of compensation for each complainant. 3.The M.S.E.B. took the stand that the complainants were given electricity on the basis of outright contribution. They were given quotation and they paid the amount and were given electricity connection. The complainants have prayed for the refund of the above amount-plus-Rs. 1,000/- by way of compensation for each complainant. 3.The M.S.E.B. took the stand that the complainants were given electricity on the basis of outright contribution. They were given quotation and they paid the amount and were given electricity connection. They had undertaken to abide by the quotation and are thus stopped from making any grievance. The total cost of the scheme was Rs. 1,89,800/- and the contribution of each complainant was not refundable under the existing rules. Only 9 members including the complainants paid the contribution and they were thus, supplied with the electrical energy. Now they cannot ask for refund of the amount from M.S.E.B. It is stated on behalf of the complainants that the complainants sent their caste certificates through the President on 12-8-1992 but the same was not taken notice by the M.S.E.B. 4.The District Forum found that for the outright contribution, the transformer of 100 KVA had to be installed. The Executive Engineer, by letter dated 12-8-1991, has asked for the caste certificate, but the complainants could not produce the same. The scheme of outright contribution was exclusive scheme and hence, only 9 members voluntarily paid the deposit of above amount. The rest of the members did not make the payment and the scheme had to be abandoned. The complainants were provided with electricity connection. The other members got advantage of the circular of the M.S.E.B. dated 9-6-1994. The complainants were not covered under the reservation dated 8-6-1990, whereby the consumer could be given concession because the area was covered by Tribal Sub plan area, hilly areas or was the part of backward Districts like Thane, Raigad, Ratnagiri, Sindhudurg, Bhandara, Chandrapur and Gadchiroli. The complainants also did not come with the scheme of Harijan Basties. As they were not covered by any of the above clauses, the scheme had to be worked out on outright contribution basis. We have before us, the department circular dated 8-6-1990, whereby, the period of concession expiring on 29-3-1990 was extended upto 31-3-1995. The concession was available only for domestic connections. The Scheduled Caste, Scheduled Tribes, Vimukta Jatis, Nomadic Tribes and Nav Budhas and those classes were exempted from payment of service connection charges applicable for overhead service lines for domestic purposes with 30 metres of length. The concession was available only for domestic connections. The Scheduled Caste, Scheduled Tribes, Vimukta Jatis, Nomadic Tribes and Nav Budhas and those classes were exempted from payment of service connection charges applicable for overhead service lines for domestic purposes with 30 metres of length. As indicated, the complainants did not come within any of the clauses of concession and hence, the M.S.E.B. contended that the outright purchase electrification scheme had to be worked out and the complainants were directed to pay as per quotations, Rs. 4, 995/-. 5.The learned advocate for the complainants had drawn our attention to departmental circular (Commercial )No. 531 dated 9-6-1994. A copy of the same is available on record. Now as per this circular, it is laid down that in 1985, the Board had decided to levy and recover service line charges which are in addition to the service connection charges from consumers before power supply is released and these charges were being recovered from all categories of consumers irrespective of their castes and tribes. The service line charges were, thus recoverable from all, in terms of 1985 policy. However, the Board gave approval by vide Circular No. B.R. 727 dated 19-4-1994 that concession provided to SC/ST/DTNT/ and Nav Budha in not recovering service connection charges was upto 30 mts. The said charges were leviable if the connections were beyond 30 mts. The rate was the prevailing rate. Under the same circular, it is further laid down that service line charges should not be recovered from Backward Class i.e. SC/ST/DTNT/VJ/Nav Budha consumers, so far as new domestic light and fan connections are concerned. It is further provided that the Board's decision regarding exemption from payment of service line charges would be effective from the date of its resolution dated 19-4-1994 and would remain in force till further notice. It is however, emphasised "no old case prior to 19-4-1994 be reopened". 6.Relying on this clause, the M.S.E.B. has contended that the cases of complainants are prior to 19-4-1994 and they cannot be opened. Hence, the complaints should be dismissed. 7.There is no dispute that the complainants belong to the backward classes. There is also no dispute that they were supplied electricity in 1990-91 and as per this circular, they cannot claim reopening of their cases. Hence, the complaints should be dismissed. 7.There is no dispute that the complainants belong to the backward classes. There is also no dispute that they were supplied electricity in 1990-91 and as per this circular, they cannot claim reopening of their cases. 8.Here we may observe that as per the above Circular No. 531 dated 9-6-1994, complainants do not derive right for opening their case. 9.However, this should not end the matter. The approach of the Government, through M.S.E.B. is for providing electricity connections to Backward Classes. The M.S.E.B. has granted exemption or concession in regard to laying service connection charges, the rates have been reduced in 1990. The idea is to spread electrification in new villages and to accord the benefit of electricity to Backward Class people. Such policy is in keeping with the directive principles of the Constitution. The Government shall make all-round efforts to alleviate the miseries of Backward Class people. They constitute the major chunk of the population. They have been denied the benefits of normal civil life. Electricity and water are the prime needs of the citizen. Poverty of the Backward Classes disabled them from paying the amounts as required by the M.S.E.B. In order to overcome this snag, there is the policy adopted by the M.S.E.B. to provide electric connections at a very concessional rate to all class of Backward Class people. If that be so, we feel that the complainants, who are the members of the same Society, of which some members are granted concession, because they did not pay the amount in 1990 and waited upto 1994, cannot be discriminated. However, other members of the same Society, at a later stage were granted concession in terms of Circular No. 531 of 9-6-1994. We see no reason that the complainants, who are the members of the same Society should be denied that benefit. This is a substantial benefit denied to the complainants. The M.S.E.B. should have been rather given even handed treatment to all the members of the same Society. If some members get the benefit of low amount deposit and if some members who obtained electric connection earlier are made to pay heavy deposit, the M.S.E.B. is under obligation to refund the excess recovered from those members. 10.We may also observe that the circulars issued by the M.S.E.B. are not statutory circulars. If some members get the benefit of low amount deposit and if some members who obtained electric connection earlier are made to pay heavy deposit, the M.S.E.B. is under obligation to refund the excess recovered from those members. 10.We may also observe that the circulars issued by the M.S.E.B. are not statutory circulars. They are the circulars made to meet the exigencies of time. It is possible that in the year 1994, the Backward Class consumers may be mentioned more and in order to have benefit, the above concession in service line charges was granted. We see no reason in discriminating against the complainants, the M.S.E.B. should have been fair enough to extend the same benefits to the members who happened to be the members of the same Samrat Ashok Co-operative Society. The other members of the same society were required to deposit the amount at less rate than the complainants were required to deposit. The ends of justice would be served by treating all alike and in that light, we feel that the District Forum has come to the conclusion in favour of the complainants on most equitable grounds. The District Forum has not granted any compensation. We, therefore, feel that the order of the District Forum is quite reasonable and deserves to be maintained. In that light, we pass the following order. ORDER "The appeals are dismissed, with no order as to cost. The order of the District Forum in each complaint is hereby confirmed. The M.S.E.B. shall forthwith pay the amount within 8 weeks of the communication of the order, if not, the amount shall carry interest of 18% from the date of complaint". Appeals dismissed. *****