ORDER Hon'ble Shri S.C. Vyas, President: 1. Order dated 06.05.08 passed by District Consumer Disputes Redressal Forum, Durg (hereinafter called "District Forum" for short) is under challenge in this appeal, which has been preferred by Chhattisgarh State Electricity Board (hereinafter "Electricity Board" for short). 2. In nutshell facts of the case are that the respondent was constructing a house in a colony Vijay Nagar, Mohan Nagar Ward No.12, Tah. & Dist. Durg. Necessary permission from the Municipal Corporation was obtained and then application was made for providing electrical connection for that house as such connection was necessary even during the construction of the house. At that time appellant demanded Rs.1 0.000/- saying that the house is being constructed in a illegal colony or in a disputed colony. The demand was fulfilled and the amount was deposited by respondent. Later on when the construction was completed then a prayer was made by the respondent to the appellant for refund of that amount of Rs.10,000/-, saying that his house is not in an illegal colony and was constructed after following all necessary norms. The amount was not refunded, which compelled the complainant to tile the complaint. 3. Learned District Forum after due consideration of material placed before it, directed the appellant to refund Rs.10,000/- after deducting an amount of Rs.3,000/- which is necessary for providing electrical connection to farmers. 4. Learned counsel for the appellant Shri R.K. Bhawnani submitted that there was sufficient material before District Forum to hold that the colony was illegal. In this regard he has drawn attention of this Commission towards the list of colonies sent by Municipal Corporation, Durg to one Wilson Desuja, Ex-corporater, Municipal Corporation. Durg and also towards notification of Electricity Board dated 01.08.05, whereby Assistant Engineers were directed by the Board to collect Rs.1 0,000/- per connection when the connection is demanded for illegal colony. It has also been clarified in this circular that in the case of illegal colony, system strengthening charges shall not be required to be collected. Circular of M.P. Electricity Board dated 07.12.1999 has also been annexed containing similar provision of demanding Rs. 10,000/- per connection, so that work of service extension in illegal colonies may be taken up. 5. It has also been clarified in this circular that in the case of illegal colony, system strengthening charges shall not be required to be collected. Circular of M.P. Electricity Board dated 07.12.1999 has also been annexed containing similar provision of demanding Rs. 10,000/- per connection, so that work of service extension in illegal colonies may be taken up. 5. For the purpose of deciding crucial facts of the case it is necessary to see as to whether the house of the respondent has been proved to be in a legal colony or was it in an illegal colony. In the list of legal colonies, which has been submitted by the appellant, name of Mohan Nagar is mentioned at S.No.2 under the Corporation area of Durg. In the list of illegal colonies under the Corporation area Durg at S.No.2 open space near Vijay Nagar is mentioned, whether Vijay Nagar itself was illegal colony or a legal colony is not clarified in this list. Learned counsel for the appellant submitted that Vijay Nagar was illegal colony, whereas learned counsel for the respondent submitted that it was a part of Mohan Nagar, which was a legal colony. 6. In this regard documents which have been filed by the respondent may also provide sufficient assistance. The permission for building of house granted to the respondent by Municipal Corporation, Durg which is Ex-P1, shows that respondent was permitted to construct house at Mohan Nagar Ward No.12. The map attached with this document, which also bears signature of Engineers of Corporation. shows that proposed residence of the respondent was to be constructed at Vijay Nagar on Kh.No. 1266/18, P.H.No.16. These two documents show that necessary permission was granted by the Corporation for construction of the house in that colony and the Corporation has not raised any objection with regard to legality or illegality of the colony. Pern1ission was also not refused on the ground that the proposed site is the place which is not included in a legal colony. Even in the letter written by Electricity Board to the respondent which is Ex.P3, for depositing Rs.10.000/- it has been written that the house of the respondent is at Vijay Nagar. which is a disputed area of legal colony/illegal colony, which shows that officers of the Electricity Board were also not sure whether it was a legal colony or illegal colony. which is a disputed area of legal colony/illegal colony, which shows that officers of the Electricity Board were also not sure whether it was a legal colony or illegal colony. The respondent was asked to give his consent for making payment necessary for providing connection for the site under the provisions of illegal colony. that consent was given by the respondent and it has been written by him on the same letter that as per letter of Assistant Engineer, Electricity Board Vijay Nagar is an illegal colony and therefore, he is prepared to pay necessary amount for providing connection under the provisions of illegal colony. This consent also shows that it was not contention of the respondent that he was constructing house in an illegal colony but he has said that he is prepared to deposit the amount because the Electricity Board is saying that the place where he is constructing house, is in an illegal colony. We are of the view that such conditional words written by the respondent cannot be termed as voluntary admission of facts. In fact the officers of the Electricity Board itself were not sure that whether the colony was legal or illegal even then they demanded the respondent to deposit the amount for providing connection as per provisions of illegal colony. If that demand was accepted, because the electricity connection was dire need of the respondent at that point of time, then we do not find that these words written by the respondent are an admission of fact. and therefore, this document cannot be used against the respondent as his admission of fact and is not of much help to the appellant. 7. Learned District Forum after considering the material before it has also come to the conclusion that house was not in an illegal colony. It has been held by the District Forum in last paragraph of the order that in the list provided by Municipal Corporation, only open space near Vijay Nagar was defined as illegal colony and not the entire Vijay Nagar. It has been held by the District Forum in last paragraph of the order that in the list provided by Municipal Corporation, only open space near Vijay Nagar was defined as illegal colony and not the entire Vijay Nagar. We agree with this finding and we also find that on the basis of legal permission for construction of house granted by the Municipal Corporation and the list provided by the Corporation, it cannot be held that respondent has constructed house in an illegal colony and therefore charges for providing connection in illegal colony were not applicable in the case of the respondent. He was required to be charged like any other normal consumer of that area. 8. Therefore, we do not find any illegality in the order passed by the District Forum. We maintain the order passed by the District Forum, dismissing this appeal. No order as to the cost. Appeal Dismissed.