| Final Order / Judgement | IN THE KODAGU DISTRICT CONSUMER DISPUTES REDRESSAL FORUM MADIKERI PRESENT:1. SRI. C.V. MARGOOR, B.Com.LLM,PRESIDENT 2. SRI.M.C.DEVAKUMAR,B.E.LLB.PG.DCLP,MEMBER | CC No.41/2017 ORDER DATED 01st DAY OF SEPTEMBER,2018 | | Sri. P.M.Subbaiah, S/o. late P.C. Mandanna, Aged 64 years, R/o. Baby Estate, Kumbur Village, Madapur Post, Somwarpet Taluk, Kodagu District. (IN PERSON) | -Complainant | V/s | - Executive Engineer,
CESCOM, Madikeri. - Asst. Executive Engineer,
CESCOM, Kushalnagar. - Section Officer,
CESCOM, Madapura, SomwarpetTaluk. - Section Officer,
CESCOM, Suntikoppa. (By Sri. M.D. Kaveriappa, Advocate) | -Opponents | Nature of complaint | Electricity | Date of filing of complaint | 29/07/2017 | Date of Issue notice | 19/08/2017 | Date of order | 25/08/2018 | Duration of proceeding | 1 year 1 month 3 days |
SRI. C.V. MARGOOR,PRESIDENT O R D E R - This complaint filed under section 12 of Consumer Protection Act, 1986 by Mr. P.M. Subbaiah s/o. late P.C. Mandanna, resident of Kumbur Village, Madapur Post, Somwarpet Taluk, Kodagu District with a prayer to direct the opponents to restore the power supply to his house having electricity connection No.AEH 1159 and award damages and cost of this litigation.
- The opponent No.1 is Executive Engineer, CESCOM, Madikeri, opponent No.2 Asst. Executive Engineer, CESCOM, Kushalnagar, opponent No.3 Section Officer, Madapura, Somwarpet Taluk, Kodagu District and opponent No.4 Section Officer, CESCOM, Suntikoppa. It is averred in the complaint that he has been paying the bills regularly pertaining to electric connection to his estate house bearing No.AEH 1159. Since 22/07/2017 there is no power supply to his house inspite of his oral complaints to the opponents. The opponents did not restore the power supply to his house as a result he has been put to great hardship and irreparable loss. Hence this complaint.
- The opponent nos.1 to 3 have appeared through their learned counsel and filed version admitting that the complainant has been using electricity for AEH connection No.1159 since many years. The village of complainant is consisting of rivers, hills and forest as a result there is heavy rain fall. Further there is incessant rains in Kodagu District in the month of July. There is 11 KVF 2 transformer at Madapur to supply electricity to the villages and estate in a radius of 100 k.m. In the rainy season big trees have been falling on the electricity poles as a result there would be disconnection of electric supply to the consumers. Even during rainy season CESCOM staffs have been discharging their duty in day and night for smooth supply of electricity to the consumers. Inspite of restoration of electricity the complainant has cultivated a habit of making false allegations against the CESCOM officers and Officials. The surrounding Villagers by knowing the difficulties of the CESCOM staff have been co-operating with the Department. The complainant has filed this complaint for silly reason though there was no fault on the part of CESCOM. The last contention of opponents is that the complaint is not maintainable before this Forum since there is an appeal provision under Electricity Act.
- The opponent No.4 was remained exparte.
- The complainant filed his affidavit evidence and produced electricity bill and payment receipt dated 10/07/2017. On behalf of opponents that one Somshekar, Executive Engineer, CESCOM, Madikeri has filed his affidavit evidence and produced letter addressed by opponent no.4 to opponent no.2.
- Heard the arguments and the points that would arise for determination are as under;
- Whether the complainant proves that the opponents have disconnected power supply to his estate AEH connection and there by committed deficiency in service?
- What order?
- Our findings on the above points is as under;
- Point No.1:- In the Affirmative
- Point No.2:- As per final order for the below
R E A S O N S - Point No.1 and 2 :- The opponents in the version and affidavit evidence have not disputed that the complainant is having electricity connection to his estate house bearing No.AEH 1159 since many years. The opponents further admitted that there was frequent interruption in power supply not only to the house of complainant but most of the villagers which having electric supply from 11 KVF 2 transformer situated at Madapur Village. The complainant not only in the complaint made allegation against the opponents that there is no power supply to his estate since 22/07/2017 but also in his affidavit evidence filed on 20th January, 2018 re-iterated the same allegations that there is no power supply to his house. In fact there has been power supply or the opponents have restored the power connection to the complainant’s house after filing this complaint the opponents would have produced copies of bills showing the continuous consumption of electricity by the complainant. This shows that the opponents have not cared to restore electricity supply to the house of complainant after filing this complaint.
- The contention of opponents is that this complaint is not maintainable before this Forum as there is separate provision to file an appeal before the Competent Authority under Electricity Act. The opponents have not mentioned or convinced how the complaint is not maintainable which provision bars this Forum to entertain and dispose of the complaint. Section 2(1)(O) of the Consumer Protection Act says “Service” means service of any description which is made available to potential users and includes, but not limited to, the provision of facilities in connection with banking, financing, insurance, transport, processing, supply of electricity or other energy, board or lodging or both housing construction, entertainment, amusement or the purveying of news or other information, but does not include the rendering of any service free of charge or under a contract of personal service.
From the above definition, it is clear that the facilities in connection with supply of electricity or other energy are included in the definition of the word service under the Consumer Protection Act. Therefore, a complaint can be initiated before the Consumer Redressal Forum constituted under the Act in case there is any deficiency in service. Therefore, this complaint is maintainable before this Forum. Apart from that the opponents have failed to restore the electric supply to the estate of complainant since 22/07/2017 as a result the act of opponents amounts to deficiency in service. - The complainant has not mentioned in the complaint how much damages he has sustained for not restoration of electric supply to his estate. The complainant has failed to adduce evidence with regard to loss or injury for which the compensation is adjudged and awarded. The contention taken in the version of opponents and affidavit evidence reveal that there is frequent interruption in supply of electricity not only to the house of complainant, but also other consumers. It is the bounden duty of CESCOM to supply electricity continuously without interruption to the consumers except in case of natural calamities. It is admitted fact that most of the Kodagu District area consists of hillock and forest and that is not a ground for frequent interruption in supply of electricity. Excluding the monsoon season CESCOM should take care for proper installation of poles and high capacity transformers for smooth supply of electricity to the public of Kodagu District including the complainant. On the above discussion, we proceed to pass the following;
O R D E R - The complaint filed by Mr. P.M. Subbaiah s/o. late P.C. Mandanna, resident of Kumbur Village is allowed directing the opponent nos.1 to 4 shall restore electricity supply to his estate house vide AEH 1159 immediately. The opponent shall continuously supply electricity to the estate connection of complainant without interruption except in case of load shedding order passed by the Competent Authority.
- The opponent Nos.1 to 4 shall liable to pay a sum of Rs.5,000/- as litigation cost to the complainant within two months. In case the opponents fails to pay the said amount within the stipulated period, it carries interest at the rate of 12% per annum from the date of order.
- Furnish copy of order to the complainant and opposite party at free of cost.
(Dictated to the Stenographer and got it transcribed and corrected and pronounced in the open Forum on this 01st day of SEPTEMBER, 2018) (C.V. MARGOOR) PRESIDENT (M.C. DEVAKUMAR) MEMBER | |