(Admitted on 02.03.2009)
PRESENT: 1. Smt. Asha Shetty, B.A. L.L.B., President
2. Smt. Sulochana V. Rao, Member
3. Sri. K. Ramachandra, Member
S/o. Late K.Anthappa Salian,
Hindus, Aged about 69 years,
R/A. Kukkundale House,
Mangalore. .. COMPLAINANT
(Advocate for the Complainant: Sri.D.Ishwara Bhat).
1) The Section Officer,
Dakshina Kannada, Mangalore.
2) The Junior Engineer,
Mangalore. . OPPOSITE PARTIES
(Advocate for the Opposite Parties: Sri.S.M.Bhat)
ORDER DELIVERED BY PRESIDENT SMT. ASHA SHETTY:
1. The facts of the complaint in brief are as follows:
This complaint is filed under Section 12 of the Consumer Protection Act alleging deficiency in service against the Opposite Parties claiming certain reliefs.
The above complaint is filed by the Complainant for restoration of electricity and also to give permanent electricity connection to his newly constructed house. It is stated that the Complainant is one of the co-owner of survey No.11/8 measuring 34 cents along with the other properties at Badagayekkaru Village, Mangalore Taluk. The Complainant and his family members have no other house to reside in the said property he has constructed farm house in survey No.11/8 and filed necessary application before the concerned village officer to assign door number to the said house. It is stated the Complainant had already submitted application to the 1st Opposite Party for giving permanent electricity connection by signing necessary papers to that effect and also paid prescribed fees. The Opposite Party had given temporary electricity connection with the assurance that immediately after the expiry of the period of temporary connection, the permanent connection will be provided. The Complainant has produced all necessary documents including no objection letter dated 27.6.2008 issued by the Secretary of Yekkaru Grama Panchayath. It is stated that the Opposite Party without providing permanent electricity connection, without prior notice and before the expiry of temporary connection disconnected the electricity connection on 21.1.2009 without assigning any reasons.
It is stated that the electricity facility is one of the essential amenity to the life of human beings and after giving temporary connection the Opposite Party has no right to disconnect the same and they have got every right to give permanent connection by obtaining necessary bond from the consumer/Complainant. The illegal disconnection of the electricity connection amounts to deficiency and hence the above complaint is filed by the Complainant before this Hon'ble Forum under Section 12 of the Consumer Protection Act 1986 (herein after referred to as the Act) seeking direction from this Hon'ble Forum to the Opposite Parties to restore/give electricity connection to the house occupied by the Complainant as mentioned in the application and also pay Rs.25,000/- as compensation along with interest at 18% p.a. and further the costs of the proceedings.
2. Version notice served to the Opposite Parties by RPAD. Opposite Parties appeared through their counsel filed version and admitted that the Complainant filed an application but taken a contention that they are not liable to give permanent electricity connection without mentioning the door number of the house of the Complainant. Since they have not provided the door number to the Opposite Party the temporary connection was given from 30.10.2008 for 28 days. And further contended that one Mrs. Padmini and others filed objection and issued a legal notice stating that the immovable properties comprising survey No.11/8 is in dispute and filed a suit before the Civil Court Mangalore which is pending. As per the Electrical Regulations the person who applied for electricity connection has to produce documents and contended that the false complaint has been filed before the FORA and prayed for dismissal of the complaint.
3. In view of the above said facts, the points now that arise for our consideration in this case are as under:
(i) Whether the Complainant proves that the Opposite Parties committed deficiency in service?
(ii) If so, whether the Complainant is entitled for the reliefs claimed?
(iii) What order?
4. In support of the complaint, Sri.K.Chandappa (CW1) filed affidavit reiterating what has been stated in the complaint and answered the interrogatories served on him. Ex C1 to C9 were marked for the Complainant as listed in the annexure. One Sri.Ramakrishna Aithal (RW1), Assistant Engineer of the Opposite Parties filed counter affidavit and answered the interrogatories served on him. Ex R1 to R11 were marked for the Opposite Parties as listed in the annexure. Both parties produced notes of arguments along with Chapter- IV.
We have considered the notes/oral arguments submitted by the learned counsels and also considered the materials that was placed before the Hon'ble Forum and answer the points are as follows:
Point No.(i): Affirmative.
Point No.(ii) & (iii): As per the final order.
5. Point No. (i) to (iii):
In the present case, the Complainant came up with the complaint for restoration of the electricity and also to give permanent electricity connection to his newly constructed house. The Opposite Party appeared and filed version admitted that it had given temporary connection and later on disconnected the power connection and took a contention that they are not liable to give permanent electricity connection without mentioning the door number of the house of the Complainant. In this case, the Complainant filed application by seeking interim order to give an electrical connection to his residence. By considering that electricity power is one of the essential amenities, this FORA allowed the application and directed the Opposite Parties to give a electricity power connection to the residence of the Complainant till the disposal of the above complaint by executing necessary documents.
Now the prayer of the Complainant is to give permanent electricity connection to his newly constructed house. In order to show the deficiency of the Opposite Party, the Complainant filed affidavit by way of evidence and also filed documents i.e., Ex C1 to C9 and the Opposite Party also led evidence and produced Ex R1 to R11.
On considering the materials on record the Opposite Party contended that due to non-production of the documents such as RTC, tax paid receipt, assignment of door number, title deeds etc., the application of the Complainant for permanent electricity connection was rejected. But in the given case, the Opposite Party admitted that the Complainant had filed an application for permanent electricity connection and the temporary connection was in force and later on it has been disconnected by the Opposite Party after receipt of the legal notice from one Smt.Padmini and also contended that as per the Electrical Rules the Opposite Party is not liable to provide electricity connection. It is admitted that, the Complainant constructed the new house and occupied the same and at the time of construction of the house the Opposite Party given temporary electricity connection in pursuance of the application filed by the Complainant with all necessary records. And also it could be seen that the temporary connection was disconnected and the same was restored by the Opposite Party by virtue of interim order passed by this Honble Forum. The RW1 in his answer to the interrogatories No.2 of the Complainant admitted that the Complainant has filed application with records to the Opposite Party to give permanent electricity connection. When that being the case, the Opposite Party ought to have given permanent connection by executing necessary documents. It is pertinent to note that the Opposite Party not issued any notice to the Complainant calling upon to produce the documents. However, the Opposite Party relied a text i.e., general procedure for arranging power supply, wherein the clause No.4.02 of the regulation with regard to the application for supply/additional supply of electricity connection, under Regulations 4.02 (1) (ii) defines as follows:
(ii) The application duly filled in shall be filed at the local office of the Licensee.
Attested true copies or Photostat copies of the following documents as applicable shall be enclosed along with the application.
a) Proof of ownership of the premises or proof of occupancy.
From the above regulations it is significant that in the said regulations nowhere mentioned that person who applied for electricity connection has to produce documents such as tax paid receipt, RTC, records pertaining to assignment of door number and title deeds. The said regulations referred with regard to proof of either ownership of the premises or proof of occupancy. The Complainant has produced no objection certificate dated 27.6.2008 issued by the Secretary of Ekkaru Grama Panchayat, Mangalore to the effect that the Complainant is residing in a house situated in survey number 11/2 of Badaga Ekkaru Village, Mangalore Taluk to which they have no objection to give electricity connection. From the above certificate it reveals that the Complainant and his family is in occupation of the house situated in survey No.11/2 and to the said house there is no electricity connection. And further we have observed that since the house constructed by the Complainant is a farm house the building licence is not required and furnishing of door number is not condition precedent so as to give permanent electricity connection. As such the Opposite Party, the electricity is being one of the amenities, ought to have provided permanent connection to the residence of the Complainant. By considering that the electricity is one of the basic amenities, the Opposite Parties after executing necessary bond/ documents should have given electricity connection rather than demanding the documents inspite of holding in their possession. The disconnection of the temporary connection and also not provided the permanent connection thereafter amounts to deficiency in service.
In view of the above discussions, we are of the considered opinion that the service rendered by the Opposite Parties amounts to deficiency and therefore the electricity connection given by the Opposite Party to the residence of the Complainant in survey No.11/2 of the Badaga Ekkaru Village of Mangalore Taluk shall be made absolute/permanent by executing necessary documents and also pay Rs.5,000/- as compensation for the harassment and the inconvenience caused to the Complainant. Rs.1,000/- awarded as cost of the litigation expenses. Compliance/payment shall be made within 30 days from the date of this order.
6. In the result, we pass the following:
The complaint is allowed. The Opposite Parties are hereby directed to give electricity connection to the residence of the Complainant in survey No.11/2 of Badaga Ekkaru Village of Mangalore Taluk shall be made permanent by executing necessary documents and also pay Rs.5,000/- (Rupees five thousand only) as compensation. Rs.1,000/- (Rupees one thousand only) awarded as cost of the litigation expenses. Compliance/payment shall be made within 30 days from the date of this order.
Copy of this order as per statutory requirements, be forward to the parties free of costs and file shall be consigned to record room.
(Dictated to the Stenographer typed by her, revised and pronounced in the open court on this the 30th day of November 2009.)
(SMT. ASHA SHETTY)
(SMT.SULOCHANA V.RAO) (SRI. K.RAMACHANDRA)
Witnesses examined on behalf of the Complainant:
CW1 Sri.K.Chandappa Complainant.
Documents marked on behalf of the Complainant:
Ex C1 : Xerox copy of the application filed by the Complainant to the Opposite Party.
Ex C2 30.10.2008: Xerox copy of the report submitted by the Contractor of the Complainant to the Opposite Party.
Ex C3 30.10.2008: Xerox copy of the receipt issued by the Opposite Party to the Complainant for the payment of Rs.2,150/-.
Ex C4 : Xerox copy of the estimation of the Opposite Party.
Ex C5 27.06.2008: Xerox copy of the no objection letter issued by the Secretary of Yekkaru Grama Panchayath, Mangalore.
Ex C6 : Xerox copy of the agreement entered between the Complainant and the Opposite Party.
Ex C7 21.01.2009: Xerox copy of the disconnection order.
Ex C8 27.01.2009: Xerox copy of the lawyers notice issued to the Opposite Party.
Ex C9 : Xerox copy of the acknowledgements (3 in numbers).
Witnesses examined on behalf of the Opposite Parties:
RW1 Sri.Ramakrishna Aithal, Assistant Engineer of the Opposite Parties.
Documents marked on behalf of the Opposite Parties:
Ex R1 28.04.1977: Xerox copy of the order in LRT (2) 2325/76-77.
Ex R2 25.07.1979: Xerox copy of Form -10.
Ex R3 23.03.2007: Xerox copy of Sy.sketch of the sy.sub-divisions granted in LRT (2) 2325/76-77.
Ex R4 20.02.2005: Xerox copy of the death certificate of Appi Hengsu and her husband late Shivappa Moolya.
Ex R5 - : Xerox copy of survival certificate of the legal heirs of deceased Appi Hengsu.
Ex R6 15.04.2008: Xerox copy of Death Certificate of INdira Kulal.
Ex R7 - : Xerox copy of Survival Certificate of the legal heirs of deceased Indira Kulal.
Ex R8 2008-2009: Certified copy of RTC (4 in numbers)
Ex R9 - : Copy of the Plaint in O.S. 921/2008 (V Civil Judge (Jr.Div) of Mangalore.
Ex R10 06.12.2008: Written statement in O.S.921/2008.
Ex R11 19.12.2008: Letter issued by the Yekkaru Village Panchayat.
Ravikumar D junior lineman of harnalli section RSD Shivamogga is using office land and quatreses drinking water belonging to mescom illigally and forcefully for his personal purpose. He is growing commercial garlic (shunti) crop using this land everybody in the office and consumers affraid of him. pls take action against him and take legal action against him.
Complaint for Poor Service at Byndooru Electricity Zone Surkunda Rural Area
Head of the Department / Vigilance Officer - Consumer Care Date 06/11/2011
We are the Residents of Byndooru Village Surkunda Section Our Surrounding is Occupied at Kundapura TQ Udupi Dist , Lot of the Students are hear in Our Rural Area But We are facing a lot of power cut & Low Voltage Power Problems .from last 2 months There is unscheduled power cut & Dangerous Power Fluctuations are Occurs at all the time, Fire accidents Happens due to Short Circuits in So Many Times on Transformers, Our Rural Area Having 150 200 Household & Agricultural Power Connections but Your MESCOM Engg Officials Installed Low Capacity Transformer in Our Rural Area That may Cause of this type of Power Problems . We have power only for some time (total of 3 to 4 hours per day). We find no one to answer our problems. If raining then we can understand but here regular excuses are a Lightning Effects, wire cut, etc...we will inform 2-3 times to Byndoor MESCOM Office Which may take only 1 or 2 hours for repair but here last 2-3 Days no one Can be Come for Repairing . Request someone to look at this and give a solution for this problem permanently.
MESCOM Byndooru is providing one of the worst services in Our rural area. We had a power cut due to some technical problems in the line / Transformer. We called up the Byndoor Mescom official and he said that the line men are in some other service area. Again we called up the helpline no, but the no was busy. We kept on trying for half an hour and the phone The Mescom official spoke in a rude way also, Then we will Contact to your Complaint Office . Please Remark and Concentrate about this type of Consumers Problems and give good Consequence Service and take an action on your unreliable Executives .we are kindly request to you about this type of Problem solution and Inconsonant Relation
Resident Publics & Students
Byndooru Electricity Zone
Udupi Dist 576214