KUTTISANKARAN filed a consumer case on 13 Feb 2008 against ASSISTANT ENGINEER in the Malappuram Consumer Court. The case no is OP/05/23 and the judgment uploaded on 30 Nov -0001.
Kerala
Malappuram
OP/05/23
KUTTISANKARAN - Complainant(s)
Versus
ASSISTANT ENGINEER - Opp.Party(s)
13 Feb 2008
ORDER
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM MALAPPURAM consumer case(CC) No. OP/05/23
KUTTISANKARAN
...........Appellant(s)
Vs.
ASSISTANT ENGINEER
...........Respondent(s)
BEFORE:
1. C.S. SULEKHA BEEVI 2. K.T. SIDHIQ
Complainant(s)/Appellant(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
ORDER
By Smt. C.S. Sulekha Beevi, President, 1. Complainant is aggrieved that he is not provided with electric connection even after submitting requisite application of fee. 2. Opposite party filed version denying the allegations in the complaint. It is stated the electric connection was provided on 13-10-2005. that opposite party had detected unauthorised additional extension to the complainant's house from his Tharavad house which is adjacent. An additional bill was served upon the consumer of the Tharavad house who is none other than the complainant's mother. This bill was challenged in O.S.No.140/04 before the Munsiff Court, Parappanangadi. Since the Suit was pending challenging the additional bill for drawing unauthorised connection to complainant's house legal opinion was sought for before sanctioning the connection The suit was dismissed on 16-08-2005. Thereafter complainant was provided with electric connection. That there is no deficiency in service and complaint is liable to be dismissed. 3. Evidence in this case consists of Exts.A1 to A4 marked on the side of complainant. Ext.B1 marked on behalf of opposite party. Either side have not filed any affidavit or adduced any oral evidence. 4. At the time of hearing complainant submitted that he has received electric connection two years back. He opts to proceed with the complaint claiming compensation alleging deficiency in service on the side of opposite party. Complainant alleges that opposite party delayed providing connection on the ground that a Suit filed by people of adjacent house against opposite party is pending before Munsiff Court, Parappanangadi. Opposite party had served an additional bill for unauthorised electric extension upon the consumer/mother of complainant who lives in the adjacent house. This bill was challenged by her in O.S.No.140/04 before Parappanangadi Munsiff Court. Ext.B1 is the site Mahazar prepared before issuance of the additional bill. Ext.B1 shows that the illegal extension 3as taken to the house of complainant from the Tharavad house. Later the Suit was dismissed and the revised bill is challenged. In O.P.N o.3/2006 pending before this Forum. Complainant's brother Chandran appeared on behalf of the complainant in O.P.No.3/2006. Both cases were heard on the same day. On hearing both cases it revealed that the allegations against opposite party sprouts from same hidden sibling rivalry. In this complaint he does not state that the adjacent house is his Tharavad house in which his mother lives with other members of the family. Complainant has not come with clean hands. Further although he pleads detailed story of harassment on the side of opposite party. Complainant has not adduced any evidence to prove the same. For the above reasons we are unable to find any deficiency of service on the part of opposite party. 5. In the result, complaint dismissed with no order as to costs. Dated this 13th day of February, 2008. C.S. SULEKHA BEEVI, PRESIDENT K.T.SIDHIQ, MEMBER APPENDIX Witness examined on the side of the complainant : Nil Documents marked on the side of the complainant : Ext.A1 to A4 Ext.A1 : Photo copy of the letter No.E3-61664/04 dated, 24-12-2004 sent by District Collector, Malappuram to opposite party. Ext.A1 : Photo copy of the letter No.E3-61664/04 dated, 15-7-2005 sent by District Collector, Malappuram to opposite party. Ext.A1 : Photo copy of the letter No.E3-61664/04 dated, 5-3-2005 sent by District Collector, Malappuram to opposite party. Ext.A1 : Photo copy of the letter dated, 30-11-2004 to opposite party by his legal advisor. Witness examined on the side of the opposite parties : Nil Documents marked on the side of the opposite parties : Ext.B1 Ext.B1 : Photo copy of the Site Mahazar prepared by opposite party. C.S. SULEKHA BEEVI, PRESIDENT K.T.SIDHIQ, MEMBER