AJMER VIDYUT VITRAN NIGAM LIMITED Vs. ARIHANT SUITINGS (PVT ) LTD

JUDGEMENT

(1.) SINCE both the appeals are directed against order dated 8.8.2003 passed by the District Forum, Bhilwara the same have been heard together and are being decided by this common order.

(2.) THE complainant company has a textile factory at Bhilwara. A vigilance checking was made by the authorised officers of the corporation on 16.9.2001. However, since the meter room of the factory was closed a seal was put on the lock. The vigilance party again inspected the factory premises on 17.9.2001. The VCR was prepared on 17.9.2001 itself. The copy of the reports of 16.9.2001 and 17.9.2001 had duly been given to the representative of the factory premises. Subsequently a notice was issued to the company on 25.9.2001 in regard to disconnection of the power supply as also for depositing the compound amount for re -connection as per condition No. 29(B)(2) of the General Conditions of Supply. A reply was submitted by the company on 26.9.2001 asking for the exact amount to be deposited. The details were given by the corporation vide letter dated 27.9.2001. It may also be noticed here that the power supply was disconnected on 25.9.2001 itself. The compound amount of Rs. 2,25,000 was deposited by the company on 1.10.2001. It was only on 13.3.2002 the complaint was filed by the company before the District Forum challanging the action of disconnection of power supply as also recovery of the compound amount. The District Forum vide order dated 8.8.2003 while partly allowing the complaint directed the corporation to refund 50% of the compound amount so deposited by the complainant i.e. Rs. 1,12,500 within one month. No other relief was allowed by the District Forum to the complainant.

(3.) THE corporation has challanged the impugned order dated 8.8.2003 passed by the District Forum so far as refund of 50% of the amount deposited by the complainant is concerned. Whereas the complainant company has challanged the impugned order for recovery of the remaining amount as well.