Per Shri B.A.Shaikh, Hon’ble Presiding Member.
1. This appeal is filed by the original complainant against the order dated 18/03/2002 passed by the District Consumer Forum Buldana in Consumer Complaint No.9/1998, whereby complaint has been dismissed.
2. We have heard Advocate Shri N.S.Badhe appearing for the appellant/original complainant and Advocate Mrs.Moharir appearing for O.Ps.No.1 and 2/ respondents. We have also perused copies of the documents produced before us. We have also perused the written notes of arguments filed by Advocates of both parties before us.
3. The complainant in his complaint had claimed compensation of Rs,1.23.400/- from the O.Ps./respondents on the ground that the electricity supply obtained for irrigation of his land from O.Ps. was disrupted on 3/10/97 and despite of making various complaint the said supply was not restored and therefore he (complainant) could not irrigated his land and suffered loss of crop.
4. The said complaint was resisted by the O.Ps. by filing reply. According to the case of O.Ps. in brief, the electric conductor line and the poles of that place fallen down due to heavy rain and storm and the said electric conductor line and poles were installed and electric supply was restored on 22/11/1997 and the complainant is irrigating his land with effect from 22/11/1997 and therefore they had prayed that complaint may be dismissed.
5. It is observed in para No.8 of the impugning order that with the consent of both the parties Shri Damle, one of the Member of the Forum had paid visit to the agricultural land of the complainant and found that there was electric connection to the well of the complainant and his land is being irrigated and crop was standing in his land and he accordingly submitted his report dated 13/03/2002. Thereafter The Forum after considering said report and other material on record accepted the aforesaid case of the O.P. and dismissed the complaint by passing impugning order.
6. As observed above this appeal is filed by original complainant. The learned Advocate of the complainant in appeal produced the copy of the letter dated 17/11/2015 written by Executive Engineer of Malkapur Division of Buldana District to Legal Officer of the O.P. Buldana. He submitted that in that letter, O.P. admitted that the electric connection of the filed of complainant is discontinued from the year 1997 and it is still not restored. The learned Advocate of the appellant/complainant thus submitted that it is proved from the said letter that the electric supply of the field of the complainant is not yet restored. He also submitted that the complainant had no knowledge about the inspection of the land by Shri Damle, one of the Member of the Forum and therefore he does not know as to when his land was inspected by Damle and what report was submitted by him before the Forum. He also submitted that report was filed on 13/03/2002 and impugned order was passed on 18/03/2002 and therefore the complainant had no opportunity to oppose that report by filing memo/pursis. He also submitted that the complainant has not received any electric bill from the date of disconnection of the supply and this fact also shows that electric supply is still not restored. Therefore according to learned Advocate of the appellant, the Forum has not properly considered the material on record and erred in dismissing the complaint and therefore he requested that the impugning order may be set aside and complaint may be allowed.
7. On the other hand, the learned Advocate of the O.p./respondent submitted that the aforesaid letter dated 17/11/2015 relied on by the learned Advocate of the appellant is based on the submission of the complainant and report was called by the Executive Engineer from the Legal Officer on the said submission of the complainant. According to the learned Advocate of the respondent the said letter does not show any admission on the part of the O.Ps. that electric supply has not been restored. Therefore according to her, the said letter filed in appeal is of no value. She also submitted that the inspection report of Shri Damle is duly considered by the Forum as with consent of both the parties Shri Damle inspected the land of the complainant and found that the electric supply was continuous and the field was irrigated with the help of electric supply. She also submitted that as per letter dated 16/06/2001 written by the Assistant Engineer of the O.P. to the complainant, the inspection of his land was made on 6/6/2001 and 12/06/2001 and on both the occasions it was found that the electric supply is continuous and with the help of electric supply the land is being irrigated by the complainant.
The said letter is filed in appeal, it is not known whether it was filed before the Forum.
The learned Advocate of respondent/O.Ps. thus submitted that even other wise 7/12 extract filed on record has been duly considered by the Forum in which it is shown that the irrigated crop was cultivated in the land of the complainant. Thus she submitted that the appeal may be dismissed.
8. She relied on the observation made by learned State Commission, Orisa in the case of Shridhara Chandra Das and others……V/s .......The Executive Engineer, O.S.E.B.Valasore & Ors., reported in I (1993) CPJ 256. In that case there was disconnection of electricity due to reason beyond the control of repondent and hence it was held that there is no deficiency in service.
9. In the instant case we find that the learned Member of the Forum Shri Damle had paid visit to the land of the complainant with the consent of both parties and he had found that the electric supply is continuous and the field is also irrigated and he accordingly submitted his report on 13/03/2002 which has been duly considered by the Forum. Moreover in appeal memo there is no challenge to that report of Shri Damle. Therefore we find that submission of learned Advocate of appellant that the said report of Damle can not be accepted that it was made behind the back of appellant, can is devoid of merit. We find that there was no reason for Shri Damle to file false report about the continuing of electric supply to the well of the complainant.
10. Moreover we also find that the aforesaid letter dated 17/11/2015 filed in appeal by the learned Advocate of the appellants simply in respect of calling report of legal officer on the application made by the complainant for settlement the dispute by compromise. The contents of that are based on the application made by the complainant for compromise. The said letter does not show that after due inspection of the land of the complainant it was found that the electric supply was not restored. Hence the said letter carries no weight to show that the electric supply of the land of the complainant is not restored.
11. We also find that the Forum has properly considered the evidence brought on record to correct conclusion and findings. Hence we agree with conclusion of the Forum that after the electric supply was disrupted due to heavy rain and storm on 03/10/1997, it was duly restored by the respondent on 22/11/1997 and there was no loss of crop of the complainant due to disruption of electric supply during aforesaid period. Hence there is no reason to interfere with the impugning order in this appeal. The appeal therefore deserves to be dismissed.
12. At this stage the Advocate of the appellant submitted that the direction may be given to the O.Ps./respondents to restore the electric supply of the complainant as, as per his instruction there is no electric supply. The learned Advocate of the O.P. submitted that electric supply is still continues as seen from the last bill issued on 10/02/2014 for Rs.70,180/- towards the arrears. Hence she submitted that there is no question of restoration of electric supply. We find that if subsequent to the impugning order there is again disruption of electric supply due to any reason that can be restored subject to deposit of necessary charges and arrears by the complainant and after completion of all the formalities, by him.
// ORDER //
- The appeal is dismissed.
- The O.Ps./respondents shall verify after due inspection of the field of the complainant /appellant as regards the electric supply and if there is again disruption of the electric supply then O.Ps/respondent shall take necessary steps as per law on deposit of necessary charges and arrears if any by appellant and on his completing all legal formalities.
- No order as to cost in appeal.
IV. Copy of the order be furnished to both parties free of costs.
