Complaint filed on: 19-01-2022
Disposed on: 28-07-2022
BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION, TUMAKURU
#201, 202, 1st Floor, Indian Red Cross Building Complex,
Ashoka Road, Tumakuru-572 101.
DATED THIS THE 28th DAY OF JULY 2022
PRESENT
SMT.G.T.VIJAYALAKSHMI, B.Com., LLM., PRESIDENT
SRI.KUMARA.N, B.Sc. (Agri), LLB., MBA., MEMBER
SMT.NIVEDITA RAVISH, B.A. L.L.B.(Spl.) LADY MEMBER
CC.No.09/2022
Venkataramaiah H.N.
S/o Late Narayanappa
A/a 83 years,
R/at Muddaramaiahnapalya,
Obalapura Post,
Kora Hobli, Tumakuru Taluk.
…………..Complainant
(By Sri.T.Nagaraju., Advocate)
V/s
1. The Executive Engineer,
Electric, BESCOM,
Horapete Circle, Tumakuru.
2. The Assistant Executive Engineer,
Electric, BESCOM, Rural Sub Division-1,
Horapete Circle, Tumakuru.
3. The Section Officer, Electric, BESCOM,
Ramagondanahalli, Chikkathotlukere,
Kora Hobli, Tumakuru Taluk.
……….Opposite Party/s
(By Sri.M.S.Sreedhara Murthy., Advocate)
:ORDER:
BY SMT.NIVEDITA RAVISH - LADY MEMBER
This complaint was filed by the complainant against the Opposite Parties (hereinafter called as OPs) under Section 35 of the Consumer Protection Act, 2019 with a prayer to direct the OPs to give compensation of Rs.2,00,000/- along with interest and further direct the OPs to reinstall the NJY electricity supply to the house of the complainant along with Rs.50,000/- towards damages and Rs.50,000/- towards costs.
2. It is the case of complainant that the complainant has constructed a house in Sy.No.14 of Hirekodathakallu Village, Kora Hobli, Tumakuru and he has applied for electric connection to the said house before the OP in NJY project and accordingly, the OPs have made an estimation in that regard with the detailed sketch and accordingly the power has been installed to the house of complainant with R.R.No.TRS 29327 and accordingly the complainant is using the electricity for his house since from the installation of Electricity and he is paying the electric bill regularly. It is further submitted by the complainant that the nearby persons of the locality namely Chikkathimmaiah S/o Late Shivanna and Madhusudhan S/o Late Doddathimmaiah have cut and removed the electric installation installed to the house of complainant by the OPs from NJY Scheme and they have connected the said line to the IP set line, in which more power will flow and those persons are not having any right to do so. Hence, in this regard, the son of the complainant has given complaint to the OPs on 24.08.2021 to take action against the said private persons and also filed a police complaint, but the OPs being the officials of BESCOM, who have to safeguard the interest and safeguard the interest of their consumers, have not taken any action against the said persons and they have not rectified the installation to the house of the complainant and also no changed the electric supply from IP Set to NJY, even though the complainant has requested them so-many times.
2(a) The complainant further submitted that on 31.12.2021 more power has been supplied to the house of the complainant from the electric wires installed by the OPs and due to that, the electric wiring which was made to the newly constructed house of the complainant has been burnt and due to the heavy voltage, some of the lightings which were installed recently with high quality bulbs with heavy cost have been burnt and the TV Set and washing machine set of the complainant were also burnt out and hence the same was intimated to the OPs and requested the ops to draw the mahazar and also requested to pay compensation, but the OPs have not turned out to the house of the complainant. The complainant further submitted that due to negligent act of the OPs even with the request of the complainant, they have not changed the electric line to NJY and due to that, the complainant has lost about Rs.2,00,000/- and the complainant is the consumer under the OPs and he is paying the electric charges to the OPs and hence the OPs have to pay the damages and further the complainant is not using electricity, TV and washing machine since from the week and thereby he suffered mentally and physically due to the illegal attitude of the OPs. The cause of action for the complaint arose on the date of requisition given by the complainant’s son to the OPs on 24.08.2021. In view of the above, the OPs are liable to pay compensation, but they have failed to given compensation and reinstall the NJY electricity supply even several request made by the complainant. Hence, the complaint.
3. In spite of service of notice, the OPs have appeared before this Commission and filed the version contending that the complaint filed by the complainant is not maintainable both in law and on facts. It is a fact that the complainant has applied electric connection to his house in NJY project. It is also fact that this OP has given power supply to the complainant house on 05.04.2021 as per the work order. The OP further contended that there is a also a civil dispute between the complainant and adjacent land owner Chikkathimmaiah, as such the said Chikkathimmaiah and his son Madhusudhana have cut and removed the electrical Insulation of the complainant house, as such there is no deficiency of service on the part of OP.
3(a) The OP further contended that the complainant’s son has given complaint against the said persons before the jurisdictional police and the complainant son has given petition to OP Nos. 1 & 2 dated:24.08.2021 and even today the OP is ready to reconnect the power supply to the complainant house, but the adjacent owner obstructed for the same. It is false to say that on 31.12.2021, the more power has been supplied to the house of the complainant from the electric wire installed by the OPs and further it is false to say that due to heavy voltage some of the lightings which were installed in the house have been burnt, TV Set and Washing machine were also burnt. Hence, the OPs are not liable to pay any compensation.
3(b) The OP further contended that the power supply has been given to the complainant’s house on 05.04.2021 as per the work order, after the service of the power supply there is a civil dispute between the complainant and his adjacent land owner Chikkathimmaiah, the said Chikkathimmaiah and his son have cut the power supply to the complainant’s house on 18.08.2021. On these among other grounds, the OP prays to dismiss the complaint.
4. The complainant filed his affidavit evidence and marked the documents at Ex.P1 to P18. Sri. H.Balaji, Junior Engineer, BESCOM, has filed affidavit evidence on behalf of OPs.
5. On hearing the arguments of learned counsel for complainant and perusal of the documents, the points would arise for determination are as under;
- Whether the complainant proves the deficiency of service on the part of OPs?
- Is complainant entitled to the relief sought for?
- Our findings aforesaid points are as under:
Point No.1: In the affirmative
Point No.2: In the partly affirmative for the below
-:REASONS:-
Point Nos.(1) & (2):-
7. It is undisputed that the power has been installed with R.R.No.TRS 2937 by the OPs in NJY (Nirantar Jyothi Yojana) Project as per the considering the application by the complainant to the complainant’s house which is situated in SyNo.14 of HIrekodathakallu Village, Kora Village, Kora Hobli, Tumakuru Taluk. To prove this, the complainant has filed Ex.P7 detailed sketch, Ex.P8 estimation with regard the detailed sketch and Ex.P9(a) letter issued by the OP No.1. It is also not disputed that, the complainant has been paying the electric bill regularly and for that the complainant has produced the Ex.P1 to Ex.P4 electric bills issued to the complainant. The disputed fact is in the present case that, the nearby persons of locality namely Chikkathimmaiah S/o Shivanna and Madhusudhana S/o Late Doddathimmaiah have cut and removed the electric installation installed to the house of the complainant by OP from NJY scheme. Further, the said nearby persons of the complainant have connected the said line to IP Set in which more power will flow. Regarding this the complainant has given a complaint to OPs on 24.08.2021 and the complainant has produced Ex.P5 letter issued to the OP NO.1 and Ex.P5 is a letter issued to OP No.2 to prove the same. Further, complainant has submitted that he has file a complaint against nearby persons which are cut his NJY power connection before the jurisdictional police and to prove the same complainant has not produced any documents.
8. Further, the complainant has submitted that some lightings, high quality bulbs, TV Set and washing machine set of complainant were burnt due to more power supply on 31.12.2021. The said fact was intimated to OPs and complainant has requested the OPs to draw the mahazar with that regard and also requested to give a compensation. IN contrary complainant has not produced such requesting letter issued to OPs. The complainant has produced only Ex.P11 to Ex.P18 photos of electrical things of his house. These Ex.P11 to P18 are not establishes that the electrical things of complainant are burnt due to more supply of the power, which was connected by the OPs
9. The OPs have submitted that, they are ready to re-connect the power supply to the complainant house further the OPs have submitted that the adjacent owners of the complainant obstructed to OPs in their work of reconnecting the power in NJY scheme. It is the bounden duty of the OPs to give connection to their customers by avoiding all obstacles. After receiving letter from the complainant dated:24.08.2021, the OPs have not reconnected the power to the complainant’s house in NJY scheme, which resulted deficiency in service.
10. The OPs have submitted that they have ready to reconnect the power to the complainant house. Hence, the OPs are liable to reinstall/reconnect the power in NJY (Niranthar Jyothi Yojana). Further, the complainant prays compensation of Rs.2,00,000/- with interest. But the complainant himself submitted that all electrical things burnt due to more power which is flow form T.P.line connected by the nearly persons. Hence, the OP is not liable for the same. Further, the OPs were not taken any action to reconnect the power in NJY scheme after receiving letters dated:24.08.2021 and the OPs are compelled the complainant to approach this Commission. Hence, the OPs are liable to pay compensation of Rs.10,000/- and litigation cost of Rs.10,000/-. Accordingly, we pass the following:-
:ORDER:
The complaint filed by the complainant is hereby allowed in part with cost.
The OP Nos. 1 to 3 are directed to reinstall/reconnect the electricity in Niranthara Jyothi Yojana to the house of the complainant as per norms/terms and conditions of the OPs.
Further, the OP Nos. 1 to 3 are directed to pay compensation of Rs.10,000/- and litigation cost of Rs.10,000/-.
The OP Nos.1 to 3 are further directed to comply the above order within 30 days from the date of receipt/knowledge of this order, otherwise, it carries penalty of Rs.100/- per day till realization.
Supply copy of this order with free of costs to both parties.
