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Tukaram S/o Sadashiv Chaudhari v. The Executive Engineer, Maharashtra State Electricity Distribution Company Ltd.

Civil Appeal · 2019 INSC 471Decided 8 Apr 2019
Civil Appeal No. 3578 of 2019
Dr. Justice D.Y. Chandrachud · Justice Hemant Gupta

Background

The appellant, a farmer in Nandurbar district, Maharashtra, applied for an electricity connection in December 1996 to run a bore well on his agricultural land, submitting the required test report only in March 2005. Even after the test report was filed, it took roughly another decade, until September 2015, and only after the appellant lodged a criminal complaint and the Bombay High Court intervened, for the connection to actually be installed. His consumer complaint for compensation succeeded before the District Forum, was reversed by the State Commission, and was ultimately allowed on review by the National Consumer Disputes Redressal Commission (NCDRC), which awarded him Rs 2,00,000; he appealed to the Supreme Court seeking higher compensation.

Decision Breakdown

The Supreme Court found that while the delay up to 2005 was attributable to the appellant's own failure to submit the test report, there was no cogent explanation for the decade-long delay thereafter in actually granting the connection, during which the appellant could not use his bore well to irrigate his land. Holding that the NCDRC's award of Rs 2,00,000 was inadequate to meet the standard of "just and fair compensation," the Court enhanced the compensation to Rs 5,00,000, payable within four weeks, with 9% annual interest on default. The civil appeal was allowed in these terms with no order as to costs.

Lesson Learnt

A consumer harmed by a utility's unexplained and prolonged delay in providing a service they are otherwise entitled to can seek, and courts can award, compensation significantly higher than what a lower consumer forum granted, if that earlier amount does not fairly reflect the actual hardship suffered.

Official source (sci.gov.in)View Judgment (PDF)

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