Andhra Pradesh

Nellore

CC/29/2017

Onteru Suneetha, W/o. Kiran Kumar Yadav - Complainant(s)

Versus

1. The Superintendent of Engineer, Operations(APSPDCL) - Opp.Party(s)

C.P.Suresh

02 Apr 2018

ORDER

Date of Filing     :28-04-2017

                                                                             Date of Disposal:02-04-2018

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM:NELLORE

Monday, this the  2^nd day of   APRIL, 2018

 

          Present: Sri Sk.Mohd.Ismail, M.A., LL.B., President

                         Sri A. Prabhakar Gupta, Member

 

C.C.No.29/2017

 

Onteru Suneetha,

S/o.Kiran Kumar Yadav,

Aged about 37 years,

Resident of Dandigunta Village,

Varni post, Vidavalur Mandal,

Nellore District.                                                                   … .. Complainant

Vs.

                                                                           

1. The Superintendent of Engineer,

       Operations(APSPDCL),

       Vidyut Bhavan, opposite  to Rajarajeswari Temple

       Nellore.

 

 2.   Divisional Engineer (APSPDCL),

       Operations, Udayagiri Road,

       Kavali.

 

 3.   Mr.Somasekhara Reddy,

       Assistant Divisional Engineer (APSPDCL),

       Operations,

       Gandavaram Sub Station, North Rajupalem,

       Kodvalur Mandal,

       SPSR Nellore District.                                                   ….. Opposite parties

 

This complaint coming before us for final hearing in the presence of                  Sri C.P.Suresh, Advocate for the complainant and Sri K.Padmanabhaiah,                Advocate for the opposite party Nos.1 to 3 and having stood over for consideration till this day, this Forum passed the following:                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          

 

ORDER

                       (ORDER BY  Sri.Sk.MOHD.ISMAIL, PRESIDENT)

             The complainant filed this complaint against the opposite parties 1 to 3 under section 12 of Consumer Protection Act, 1986, to direct the opposite parties 1 to 3 to restore the service connection of the complainant having SC No.3251309001390 – 24 hours supply connection which has been disconnected by the opposite parties on 05-04-2017 without giving notice to the complainant,  to direct the opposite parties to pay a compensation of Rs.20,00,000/- as detailed above on account of the opposite parties illegal disconnection of the service connection of the complainant by taking away the transformer and meter without giving any notice and on account of that complainant underwent lot of mental strain and mental worry that since 20 days complainant is suffering without electricity and the prawns are dying without oxygen and grant such other reliefs and the complainant submits to allow the complaint with costs.

 

         2.  The brief averments of the complaint are as follows that:-the complainant is having a dry land in Varni Revenue  village near Ramathirdam, under Vutukuru Section.  The complainant is doing prawn culture in his lands.  There is one transformer along with separate consumer connection.  The complainant’s S.C.No.is 3251309001390-24 hours supply connection.  The complainant is enjoying by prawn culture from 2008 by using Oil Engines and he has taken the APSCDCL connection from 2014 without any obstruction and he is paying the bills regularly to the opposite parties. 

        The complainant submitted that without giving any notice complainant’s service connection has been disconnected on 05-04-2017 and taking away the transformer and meter and all other materials so that the complainant is suffering on account of the negligence and deficiency in service of the opposite parties since 20 days because he is at grate trouble of damages as his prawn culture is going on destroying and the strength of the prawn is going on decreasing so that the complainant will get nothing out of the culture and on account of that he got heavy loss.

             The complainant further submitted that as the complainant put all the prawn in the land and as there is no electricity, no oxygen is supplied to the prawn so that number of prawns is dead causing so much of mental agony and mental tension to the complainant.  The complainant was spending lot of amount for the nursery prawns and for their food and medicines.  But on account of illegal behavior of the departmental persons complainant is at grate worry that the entire present crop may get destroyed and the complainant may not get at least the investment put on the prawn crop.

              The complainant further submitted that the complainant is doing the prawn culture for lively hood and for his self employment.  Prawn crop is not a commercial purpose.  Because there is every doubt regarding the out come of the crop.  Hence, the complainant is a consumer to the opposite parties by consuming the energy and by paying the bills. On enquiry, it came to know to the complainant that the APSPDCL, ADE (Operations) by name Mr.Somasekhara Reddy and some other department personnel boring grudge on complainant intentionally taking away the above said materials causing so much of irreparable loss and agony and mental tension in the mind of complainant.

             The complainant further submitted that the complainant is worked hard in obtaining the feed to the prawn and arranged aerators by spending lot of amount.  Without the oxygen the prawn is not able to live for a long time.  If the oxygen is not there for half of hour the life of the prawn is no more.  Without giving any notice to the complainant and without even informing about the disconnection, the opposite parties disconnected the service connection of the complainant illegally and improperly causing so much of inconvenience and mental agony to the complainant. 

               The complainant further submitted that as the ADE along with some other departmental persons colluded to each other when they have taken away the transformer by disconnecting the service connection of the complainant, the prawn’s lively hood is in danger.  So, the complainant immediately arranged oil engines and generators to save the prawn by spending Rs.25,000/- per day approximately for the oil engines and for the generators.  Although complainant is using oil engines and generators it is only temporary arrangement and it is not permanent to safe guard the prawn in the lands.  Since 20 (twenty) days complainant is using the oil engines and generators.  So far complainant is using the oil engines and generators.  So far complainant is at loss of Rs.4,25,000/- (Rupees four lakhs twenty five thousand only) for this purpose without his fault.  In normal circumstances, the complainant will incur a minimum of Rs.9,00,000/- for the feed and medicines for the prawn.  As the opposite parties disconnected the service connection of the complainant he is at loss of Rs.9,00,000/- in addition to the seed cost of Rs.6,00,000/-.  The complainant has been given a legal notice to the opposite parties on 13-04-2017 and all the opposite parties received the notice but no reply from the opposite parties.  That itself shows the negligence and deficiency in service and dereliction of the duty on the part of the opposite parties and the complainant submits to allow the complaint with costs.

 

       3.  The opposite party No.3 filed counter/written version and the opposite

 parties 1 and 2 filed memo adopting the written version filed on behalf of   the opposite party No.3  with the following averments:- the contention of the complainant that the service connection was disconnected without notice on                     05-04-2017 is utterly false and invented  story by the complainant for the purpose of this complaint.  There is no deficiency of  service on the part of this opposite party.  The complainant’s service connection was disconnected for non paying the consumption charges since April, 2015.  Totally the complainant is in arrears of Rs.5,17,031/- upto August, 2016.  The complainant’s service was disconnected for not paying the said  consumption charges.  Inspite of repeated notices and oral demand, the complainant did not pay the arrears and the said service connection was disconnected and dismantled the service as per the Rules and Regulations of the terms and conditions of supply of APSPDCL.

          The opposite party No.3 submitted that it is denied that the service connection was disconnected without notice on 15-04-2017.  Actually, the said service connection was disconnected on 16-06-2015 itself.  After disconnecting the service, the meter, transformer and other material were remove due to nonpayment of consumption charges since long time.  The service connection was kept under bills stop in the month of August, 2016 and also adjusted the security deposit towards arrears.  The same was informed to the complainant through a notice.  After receipt of the said notice the complainant approached the 1^st opposite party for grant of three installments for the dues as on the date of 25-5-2016.  Inspite of granting installments, the complainant failed  to pay the even single installment amount.

         The opposite party No.3 further submitted that that the complainant is paying consumption charges regularly.  The service connection of the complainant was disconnected for not paying the consumption charges to the opposite party.  Hence, the question of damages for not growing prawns due to lack of Oxygen does not arise.  There is no supply to the complainant since  16-5-2015, boring grudges on the part of Mr.Somasekhara Reddy and other personals.  This opposite party disconnected the service as per rules and regulations of APSPDCL basing on the terms and conditions of supply.  Hence, the question of boring personal grudge against the complainant does not arise.  The complainant totally has to pay Rs.5,17,031/- towards arrears upto August, 2016.  Without paying the said amount, the complainant is not entitled for connection of supply.  Even if this complainant pays the said amount, is not entitled to continue the service.  He has to get fresh connection only as BRT and meter service was removed from the complainant service.

        The opposite party No.3 further submitted that there is no deficiency of service or negligence on the part of this opposite party in disconnection and dismantling the service or negligence on the part of this opposite party in disconnecting and dismantling the service as the same was done as per Rules and Regulations of APSPDCL.  Attributing personal grudges to the opposite party is intentional allegation, it is nothing but blackmailing the honest officials and the opposite party No.3 submitted for dismissal of the complaint against the opposite parties 1 to 3 without costs.

 

   4.   On behalf of the complainant, the affidavit of PW1 to PW3 filed and

         Exs.A1 to  A8 documents  were marked.

 

   5.  On behalf of the opposite party Nos.1 to 3, the affidavit of RW1                     

        filed and Exs.B1 to B20 documents were marked.

 

   6.  Written arguments on behalf of the complainant filed.

 

   7.   Written arguments on behalf of the opposite party Nos.1 to 3  not filed.

 

   8.  Arguments on behalf of learned counsels for the both parties heard.

 

   9.  Perused the written arguments filed on behalf of the complainant.

 

  10.  Now, the points for consideration are:

        1) Whether the complaint filed by the complainant against

            the opposite parties 1 to 3 under section 12 of Consumer

            Protection Act, 1986 alleging deficiency of service against

            the opposite parties 1 to 3 is maintainable?

       2)  To what relief, the complainant is entitled?

 

          11.    POINT No.1:  The learned counsel for the  complainant  submits by relying upon  the evidence of P.Ws.1 to 3  and Exs.A1 to A8  that the complainant is having electricity service connection bearing No.3251309001390   and  without giving any notice to the complainant, the  opposite parties 1 to 3 disconnected the service connection and caused loss to the prawn culture   raised by the  complainant and inspite of several demands as the opposite parties 1 to 3  failed to pay the compensation and failed to restore the service connection.  The complainant   filed the complaint against  the opposite parties 1 to 3 to direct   the opposite parties 1 to 3 to restore  the service  connection and to award compensation and submits to allow the complaint with costs.

 

         On the other hand, the learned counsel for the  opposite parties 1 to 3 submits by relying upon the evidence of R.W.1  and Exs.B1 to B20  that the  complainant has to pay a sum of Rs.5,17,031/-   as on August, 2016 and as there are  arrears of payments of electricity charges and inspite of issuing of notice to the complainant as the complainant failed to pay the arrears of electricity charges, there is no deficiency of service on the part of the opposite parties 1 to 3 and hence he submits to dismiss the complaint with costs.

 

           In view of the arguments submitted by the learned counsels for the  both parties and as seen from the evidence of R.W.1 at para 2  it reads as follows:

“The complainant’s service connection was disconnected for non paying  the consumption charges since April, 2015.  Totally the complainant is  in arrears of Rs.5,17,031/-  upto August, 2016.  The  complainant’s service was disconnected for not paying the said consumption charges.  Inspite of repeated notices and oral demand, the complainant did not pay the arrears and the said service  connection was disconnected and dismantled the service as per the Rules and Regulations of the Terms and Conditions  of supply of APSPDCL.”

          The contention of opposite parties 1 to 3 is that  the complainant has to pay a sum of Rs.5,17,031/- towards the arrears of the electricity charges up to  August, 2016.

 

         The recitals of Ex.B19, dated 13-06-2016 reads as follows:

 

 

SOUTHERN  POWR DISTRIBUTION COMPANY OF A.P.LIMITED

 

 

From                                                           To

The Superintending Engineer,                    Sri Onteru  Suneetha,

Operation Circle / APSPDCL.,                             Ramatheertham Village,

Nellore.                                                       Utukuru.

 

Lr.No.SE/O/NLR/SAO/AO®/JAO.LT/S2/D.No.831/2016, Dated  13-06-2016

 

Sir,

          Sub:-  APSPDCL., - Operation Circle / Nellore – S.C.No.3251309001390,

                      Ramatheertham Cat-III, Utukuru section, Sub-ERO/N.R.Palem-

                      Sanction of 3 Nos. Instalments to clear the outstanding  amount (CC

                      Charges +  ACD) of Rs.527370/- - Payment Requested – Issued.

 

          Ref:     1)  Consumer Representation dated 29-04-2016

                      2)  Consumer Representation dated 30-04-2016.

                      3)   Lr.No.AAO/ERO/NRP/JAO/D.No.521/16, dated 13-05-2016.

                      4)   Lr.No.SE/O/NLR/SAO/AO® /JAO/LT/S2/D.No.672/16, dated  

                            16-05-2016.

                      5)   Memo.No.CGM(R&IA) GM®/SAO®/AAO®/JAO/

                            LT/D.No.232/16, dated 23-05-2016.

                      6)   Consumer Representation dated 24-05-2016.

 

• - -

                   This is to inform that , under  the circumstances explained in the  reference 2^nd cited you are  permitted to pay the  arrear amount in 3 Nos.

Instalments   against your SC.No.3251309001390 as follows:

 

No.of Instalments	CC Charges Amount	ACD	RC	Total	Due Date	Remarks
1st	127300.00	145490	75	272865.00	Immediately	The actual due date as on  25-05-2016
2nd	127290.00	-	-	127290.00	25-06-2016	-
3rd	127290.00	-	-	127290.00	25-07-2016
TOTAL:	381880.00	145490	75	527445.00

 

The Sanction of instalments as  ordered  above is subject to the following conditions:-

1	The first instalment should be paid immediately at Sub-ERO/N.R.Palem  and obtaining Reconnection order together with the reconnection fee and any other dues  payable if any other than those specified  above.
2	The instalment amounts  shall be paid on or before the due date mentioned above.
3	The monthly C.C.  Bills should be paid regularly.
4	Additional charges for belated payment for affording instalment  facility  are payable as per terms and conditions in vogue.
5	The service is liable  for  disconnection for  default in payment  of either instalment or CC charges or both at any time without any further notice.
6	You may contact  Asst.Accounts Officer Sub-ERO/N.R.Palem for further necessary action in this matter.

The contents of Ex.B12 dated 07-04-2017 reads as follows:

 

FORM A (See rule 4 (1)) SOUTHERN POWER DISTRIBUTION COMPANY OF AP LIMITED   From                                               To The Asst.Accounts Officer,             Name:ONTERU  SUNEETHA, Sub-Electricity Revenue Office,      S.C.No.3251309001390 APSPDCL:N.R.Palem.                    RAMATHEERTHAM, UTUKUR.   Lr.No.AAO/S-ERO/NRP/F.FORM-A-N/D.No.04/17, Dated 07-04-2017              Please   take notice that a sum of Rs.3,71,432 -00 (Rupees  three lakhs  seventy one thousand four hundred  and thirty two only) due from you  by way of  electricity charges for energy supplied monthly minimum charges as per Agreement /  Terms and  Conditions  of supply notified by the company / other as per  statement of Accounts indicated hereunder you are therefore, requested to pay the amount in full settlement within  fifteen days from the date of receipt of this notice failing which  action will be taken to recover the amount due under section 6 of Southern Power Distribution Company of A.P. Limited (Recovery of Dues Act, 1984)  Statement of Account showing amount due to the company for SC.No.3251309001390.                          Arrears as on 03/2017                   371432.00.

 

          The contents of Exs.B12 and B19 shows that the complainant has to pay the electricity charges and the complainant has to pay the electricity charges as demanded by the opposite parties.  When there are arrears of payment of electricity charges, we are of the opinion that  there are no bonafidies on the part of the complainant in filing the complaint alleging deficiency of service for restoration of the electricity service connection.

	In     Paschimanchal Vidyut Vitran Nigam Limited  Vs.  DVS Steels and Alloys Private  Limited reported in  AIR 2009 S.C.647 = 2009 (1) SCC 210    and in
	In  Malee  Horticulture Private  Limited Vs. Chairman M.S.E.B.reported in  III (2003) CPJ 81 (NC)

 Wherein  the Hon’ble Apex court and Hon’ble National Commission held  that” “when the complainant has to pay the arrears of electricity bill is not entitled for any relief  against  the  electricity  department.”

In   Phool Chand Agarwal  Vs. Bihar State Electricity Board and another reported in 1994 (1) CPJ 45 (NC)  =  1994 (1) CPR 798(L.B.)

 

Wherein the Hon’ble National Commission  held that “when the complainant has committed default in payment of the electricity charges, the complainant is not entitled to restoration of the condition  and the said complaint is not maintainable before the Consumer Forum.”

 

In   Debendra Panda  Vs. Sub-Divisional Officer (Electrical) Gridco reported in I (2010) CPJ 587 (Ori.)

 

Wherein the Hon’ble State Commission held that “when there are  arrears of bill amount and when the complainant committed default in payment of the arrears of electricity charges, the complainant is not entitled  for any relief.”

 

In   P.K. Malhan Vs.  SDO Punjab  State Electricity Board reported in 1998 (2) CPJ 210 =  1998 (2) CPR 6 on the file of  Punjab State Consumer Disputes Redressal commission (F.B.)

Wherein  the  Hon’ble State Commission held   that “when the  complainant did not made payments towards the electricity charges, the complaint is not maintainable  before the Consumer Forum.”

 

               Following the above decisions and   in view  of the contents of Ex.B12 and B19 and the evidence of R.W.1 and as there is no rebuttal evidence   on behalf of the complainant to disprove the  contents of B12 and B19 and the evidence of R.W.1 and as the complainant failed to prove that there are  no arrears of electricity charges  will be  paid on behalf of the complainant and hence in these circumstances, we are of the opinion  that as there are  arrears of payments of electricity charges to the opposite parties 1 to 3, we are of the opinion that  there is no deficiency of service on the part of the opposite parties 1 to 3 and hence the complaint filed by the complainant against the opposite parties 1 to 3 to direct the opposite parties  1 to 3 for the restoration of the   service connection and  for payment of  damages is not maintainable and the same has to be dismissed.

 

                 By relying upon the above decisions and the facts of the case, we answer this point  against the complainant and in favour of the opposite parties 1 to 3.

 

              12.    POINT No.2: In view of our answering on point No.1  against the complainant and in favour of the opposite parties 1 to 3, the complaint filed by the complainant against the opposite parties 1 to 3 is not maintainable and the same has to be dismissed.

               In the result,  the complaint is  dismissed but in the circumstances no costs.

               Typed to my dictation by Junior Stenographer, transcribed by her, corrected   and pronounced by us in the open Forum this day i.e., on                                    2^nd  day of   APRIL, 2018.

 

          Sd/-                                                                                        Sd/-

      MEMBER                                                                         PRESIDENT

 

APPENDIX OF EVIDENCE

 

Witnesses Examined for the complainant

 

P.W.1  -	31-10-2017	Sri Onteru Suneetha, W/o. Kiran Kumar Yadav, Nellore District, A.P. (affidavit filed).
P.W.2  -	31-10-2017	Sri Paturu Vijayakumar, S/o.Late Polaiah, SPSR Nellore District, A.P. (affidavit filed).
P.W.3 -	31-10-2017	Sri Kollu Madhu Babu, S/o.Adaiah,  SPSR Nellore district (affidavit filed).

 

Witnesses Examined for the opposite parties

 

R.W.1  -

06-07-2017

Sri A. Somasekhar Reddy, S/o.Ramachandra Reddy, Working as Assistant Divisional Engineer, APSPDCL,  North Rajupalem, SPSR Nellore District (affidavit filed).

 

                           EXHIBITS MARKED FOR THE COMPLAINANT

 

Ex.A1  -	13-04-2017	Notice sent by the complainant to all the opposite parties.
Ex.A2  -	-	Computerised Track Consignment  copy alongwith registered post receipt.
Ex.A3  -	-	Photostat copy of extract of the payment of the bill.
Ex.A4  -	26-09-2013 29-03-2016	Photostat copy of Group Service Payment PR-Receipt and of  certificate.
Ex.A5	-	Rent agreement issued by Sai Engineering works.
Ex.A6	-	Photostat copy of Aqua King details issued by  Welldone Enterprises.
Ex.A7	10-02-2017	Cash bill for Rs.45,000/- issued by the Vijaya Durga Hatchery, Nellore
Ex.A8-	22-05-2017	Photostat copy of Certificate issued by the Panchayat Secretary, Varini, Vidavaluru (M), Nellore.

 

                         EXHIBITS MARKED FOR THE OPPOSITE PARTIES

 

Ex.B1  -	-	Photostat copy of terms and conditions of supply of APSPDCL Ltd., which shows for disconnection of supply.
Ex.B2  -	-	Photostat copy of Dismantlement of 5 No.LT Cat III service and Activity Description Labour Charges.
Ex.B3		Statement given by the Asst.Accounts Officer, Sub ERO, North rajupalem.

 

Ex.B4  -		Photostat copy of Initial Account copy
Ex.B5  -	16-03-2017	Photostatcopy of letter addressed to Onteru  Nagendra Kumar Yadav and Onteru Kiran Kumar Yadav by third opposite party under register post.
Ex.B6  -	09-10-2015	Photostat copy of Letter addressed to consumer about arrears of consumption charges

 

Ex.B7  -	08-06-2016	Photostat copy of Letter addressed to AAO/SUB-ERO/NR PALEM by AE/O/UTUKUR.
Ex.B8  -	07-04-2017	Photostat copy of Letter addressed to Sri Nagendra by AAO/S-ERO/NRP.
Ex.B9  -	07-04-2017	Photostat copy of letter from opposite party to the Onteru Kiran Kumar.
Ex.B10  -	07-04-2017	Photostat copy of letter from opposite party to the Gupi Lakshmi Devi.
Ex.B11  -	07-04-2017	Photostat copy of letter from opposite party to the Onteru Lakshmikantham.
Ex.B12  -	07-04-2017	Photostat copy of letter from opposite party to the complainant.
Ex.B13  -	-	Photostat copy of letter from   Assistant Engineer Operation /APSPDCL, Alluru to the Assistant Divisional Engineer, Operation/ APSPDCL, NR Palem.
Ex.B14  -	09-10-2015	Photostat copy of notice  from opposite party
Ex.B15  -	03-06-2016	Photostat copy of letter from opposite party to the Onteru Nagendra Kumar Yadav.
Ex.B16  -	13-06-2016	Photostat copy of letter from opposite party to theOnteru Kiran Kumar Yadav.
Ex.B17  -	13-06-2016	Photostat copy of letter from opposite party to the           G. Lakshmi Devi.
Ex.B18  -	13-06-2016	Photostat copy of letter from opposite party to theOnteru Lakshmikanthamma.
Ex.B19  -	13-06-2016	Photostat copy of letter from opposite party to the complainant.
Ex.B20  -	24-05-2016	Photostat copy of letter from Nagendra Kumar Yadav to the  opposite party.

                                                                                                            Id/-

                                                              PRESIDENT

Copies to:

 

1.	Sri C.P.Suresh, Advocate, 27-5-42, 19th cross road, Balaji Nagar, Nellore – 524 002.
2.	Sri K. Padmanabhaiah, Advocate, Sreerama Nilayam, 1st street, 23/1301, Tekkemitta, Nellore-3

 

Date when free copy was issued: