By. Sri. Jose. V. Thannikode, President:-
The complaint is filed under section 12 of the Consumer Protection Act against the opposite party to get electricity connection and to get cost and compensation due to non supply of electricity connection.
2. Brief of the complaint:- The complainant is in possession of the 0.3200 Hectre of property as per document No.1625/13 and the building therein which was numbered as 12/179 (1), (2), (3), (4), (5) by Kalpetta Municipality. The predecessor of the property already applied for electricity connection for the building and opposite party inspected the entire building and site and according to their advise the complainant remitted Rs.4,44,781/- to the opposite party for draw the electric line and to install the transformer. Thereafter the opposite party drawn the line and installed the transformer. Thereafter the opposite party has not given electric connection saying that somebody have some objection. The complainant further says that he is entitled to get connection since he has paid all the fees and submitted all the documents for connection and the opposite parties are liable to give connection. Hence the complainant prays before the Forum to give direction to the opposite parties to give electricity connection and to pay cost and compensation due to the deficiency of service by the opposite parties.
3. Notices were served to opposite parties and opposite parties entered in appearance and filed version denying all the averments contained in the complaint. The District Magistrate is competent to decide on the matter relating to line drawal and the matter is pending before the District Magistrate. Therefore this Honorable Forum has no jurisdiction to entertain the complaint and this complaint is to be dismissed on that ground alone. The BSNL is necessary party to the above proceedings as it is BSNL who has raised claim regarding the ownership and title of the property through which lines are drawn and transformer is being installed. Since the BSNL is not made a party to the above proceedings, the above complaint is bad for non-joinder of necessary parties also. Even though the complainant is aware of the above facts including the claim of BSNL over the property wherein lines are drawn and transformers is being installed, the same has been willfully suppressed in the complaint to mislead this Honorable Court and therefore the complainant has come before this Honorable Court with unclean hands with malafode intention. The complainant has no locus standi to file the above complaint before this Honorable Forum. The complainant is not a consumer under the KSE Board Ltd., the above complaint is not maintainable before this Honorable Forum and on this ground atone the above complaint is liable to be dismissed. The maintainability of the above complaint before this Honorable Forum may be heard as a preliminary issue. It is respectfully submitted that one Sri. Abdul Nazeer P.M. Field House, Near Market, Kalpetta had applied before the Respondent (I) for supply of 50 KW power for the shopping complex located behind the BSNL Bhavan, Kalpetta. The application for the work was registered under KSE Board Ltd, Electrical Section, Kalpetta on 25.02.2013. The work was undertaken by the Board as per the primary information of the applicant that the land where the lines and apparatus proposed to be installed is belonging to him and in own possession. The quantum of works involved is construction of II KV line and erection of 100 KVA transformer on the approach road to BSNL Bhavan at Pinagode Road, Kalpetta. While executing the work, the Sub Divisional Officer, BSNL intimated KSE Board Ltd that the land where the lines and transformers is being installed is belonging to BSNL and hence approval of the competent authority is to be obtained prior to completion of the work. The copy of the complaint letter dated 23.08.2013 of the BSNL is produced herewith, BSNL had also Complained in the Police Station, Kalpetta to stop KSE Board Ltd from executing the works vide their complaint letter dated 24.08.2013. The copy of the Police complaint letter is produced herewith.
4. Later BSNL referred the matter to the Honorable District Collector, Wayanad informing that KSE Board Ltd may be directed to stop the work and not to energize the lines and apparatus. Also they have requested the order of the District Collector to resurvey the land. The copy their letter dated 12.09.2013 to the District Collector is also produced. Thereafter, BSNL had requested KSE Board Ltd. not to energize the lines since the matter is under consideration by the Honorable District Collector vide their letter dated 08.11.2013, the copy of which is also produced. Since the energisation of lines and apparatus was being delayed due to claims of the BSNL regarding title to the property as stated above, the respondents have intimated the applicant on 10.11.2013 that the property crossing issue is pending before the Honorable District Collector and the electricity supply can be provided only after resolving the dispute. The copy of the intimation letter is produced. Thus, the applicant is aware that the BSNL has raised claims regarding title to the property and has not taken any steps to resolve the dispute. Since issue as to title of the property over which the lines and transformer is being installed has to be decided as rival claims are being raised, the same can only be done by a competent civil Court. Thus this Honorable Forum lacks jurisdiction to decide rival claims of title with regard to property and on this ground also the above complaint is not maintainable before this Honorable Forum. As far as KSE Board Ltd. in concerned the complainant is not a consumer or applicant and hence do not have any kind of obligation as averred in the petition. The work was registered in the name of the applicant Shri. Abdul Nazeer. P.M. and the ownership of the portion of work executed has not been transferred to the petitioner as per rule. Since the petitioner is not the owner or beneficiary as per rule this petition is not maintainable before law. KSE Board Limited, undertaken and executed the work as per the application of the Sri. Abdul Nazeer, the land owner of the shopping complex. The complainant has not produced any documents in the Board regarding the purchase and ownership change of the land. It is submitted before the Honorable Forum that the Respondents have acted on behalf of the Board to provide power supply to the applicant. The energization of lines and apparatus is delaying due to the objections raised by BSNL and the matter is pending before the Court of the Honorable District Collector. Hence prayed before the Forum to dismiss the complaint with costs and compensatory costs of the respondents.
5. Complainant filed proof affidavit and documents are marked as Ext.A1 to A5 and Ext.C1. Thereafter the complainant submitted that he is not pressing the affidavit since the relief sought is already given by the opposite parties. Opposite party has also not adduced any oral evidence.
6. On considering the complaint, version and documents the Forum raised the following points for consideration:-
1. Whether there is any deficiency of service from the part of opposite parties?
2. Relief and Cost.
7. Point No.1:- Anyway the main relief sought by the complainant is already granted by the opposite parties, then there is no question of any deficiency of service. The Point No.1 is found accordingly.
7. Point No.2:- Since the opposite parties are not able to give electricity connection due to the objection raised by the BSNL during that period, the opposite parties are also not liable for cost and compensation. The Point No.2 is found accordingly.
In the result, the complaint is partly allowed and the Order in I.A.154/2014 of the Forum is made absolute. No Order as to cost.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 28th day of March 2015.
Date of Filing:07.04.2014. PRESIDENT :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:-
PW1. Nidhimon Mathew (affidavit) Complainant.
Witness for the Opposite Parties:-
Nil.
Exhibits for the complainant:
A1. Copy of Deed.
A2. Copy of Deed.
A3. Letter.
A4(Series). Copy of File (13 Nos).
A5. Copy of Judgment.
A5(1). Copy of Suit.
Exhibits for the opposite parties:-
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
a/-
