O R D E R<br /> <br /> Sri. Jacob Stephen (President):<br /> <br /> The complainant Smt. Thankamma Thevan, Vattamodiyil House, Ullannoor.P.O., Kulanada has filed this complaint against the opposite parties 1 and 2, who are the Asst. Engineer, Electrical Section Office, Kulanada and the Secretary, K.S.E.B, Pattom, Thiruvananthapuram for getting a relief from the Forum.<br /> <br /> 2. The facts of the complaint are as follows:- The complainant is a widow and belongs to scheduled caste. She had applied for a new electric connection to the 1st opposite party and remitted Rs.200/- as C.D on 8.9.05. But she had not received the electric connection so far. She had contacted the office of the first opposite party several time in this regard, but they have denied the electric connection saying one or other reasons. But to her information her seniority for getting the electric connection was over looked and given connections to many others. So she filed this complaint before this Forum for getting an order against the opposite parties for giving electric connection to her house and to get an amount of Rs.5,000/- as compensation and amount of Rs.1,000/- as the cost of this case for the deficiency of service of the opposite parties in not giving electric connection. She also prays that necessary legal actions may be taken against the 1st opposite party for the intentional delay in giving the electric connection.<br /> <br /> <br /> 3. For the opposite parties, the 1st opposite party have filed a written version raising the following contentions:- Opposite parties admitted that the complainant had registered for a new electric connection to her residential building in Electrical Section, Kulanada under Con.No.12463 on 7.9.05. The service line for giving this connection is proposed to be drawn along a pathway to the petitioner’s residence existing through the property of one Sudha Mohan, Kavirikkumpurayidathil, Ullannor.P.O., Kulanada. Smt. Sudha Mohan had raised objection in drawing the service wire along the pathway to the petitioner’s residence claiming that the pathway is in her property and she is not willing to allow opposite parties to draw the line through this route. In the circumstances, as per the rules the complainant has either to obtain the consent of the said Sudha Mohan or to obtain an order from the District Magistrate for drawing the line through the said property is required, and the opposite parties had given instructions to the complainant to comply either of the above said formalities. But she had not cared to do so. In the circumstances, opposite parties are not in a position to draw electric line and to give the electric connection. Thus, there is no deficiency in service from their part and hence the complaint is not allowable and therefore the complaint is liable to be dismissed. The opposite parties have canvassed for dismissing the complaint.<br /> <br /> 4. The points for consideration in this C.C are the following:-<br /> (1)Whether the complaint is maintainable before the Forum?<br /> (2)Whether the complainant is entitled to get a relief from the Forum<br /> as against the opposite parties?<br /> <br /> (3)Relief and Costs?<br /> <br /> 5. The evidence in this case consists of the oral evidence of the complainant, who has been examined as PW1. Exts.A1 and A2 were marked based on the affidavit filed by the complainant. Ext.A1 is the photocopy of the Caste Certificate issued by Tahsildar, Kozhencherry and Ext.A2 is the photocopy of the C.D receipt issued by the opposite party. The complainant was cross-examined by the opposite party. For the opposite parties, there is no oral evidence or any documentary evidence. After closure of the evidence, both sides heard.<br /> <br /> 6. Points No.1 to 3:- The complainant filed this complaint for getting an electric connection to her residential building. In the version, the opposite parties stated that they are ready to give the electric connection, if the complainant obtains the consent of Sudha Mohan or an order from the District Magistrate for drawing electric line through the said property to the residential building of the complainant. But the complainant is not prepared to obtain the consent or to comply the directions of the opposite parties. In cross examination, the complainant deposed that, “Fsâ hoSnsâ sX¡phi¯v ]mS¯nsâ sskUn IqSn sse³ hen¨v sshZypXn IW£³ \evIp¶Xv F\n¡mhiyanà (Q & A) C{]Imcw sse³ hen¨v C\nbpw IqSpX ]Ww ASbvt¡­Xnà F¶p ]dªm icnbà (Q&A) \n§Ä Bhiys¸« coXnbn sse³ hen¡p¶Xn\v Bhiyamb NnehpIÄ hln¡m³ X¿mdmtWm? (Q ) AÃ. ( A ). C{]Imcw sse³ hen¨v Idâv Xcm³ FXrI£nIÄ X¿mdmsW¶v ]dbp¶p (Q) A§s\ ]Ww apS¡n F\n¡v Idâv th­ (A).. From this, it is clear that the complainant is very particular in drawing the electric line through the property of her neighbour Sudha Mohan. But she is not prepared either to obtain the consent from her or to obtain an order from the District Magistrate. Opposite parties cannot draw such a lone as per the rules. But the opposite parties are ready to draw electric line through another direction free of cost. But the complainant does not want the connection through the proposed direction. In this circumstance, we don’t find any deficiency from the part of the opposite parties. Hence this complaint is not allowable and is liable to be dismissed.<br /> <br /> 7. In the result, this C.C is dismissed. No cost. However, opposite parties shall not deny the electric connection, if the complainant complied the formalities later as directed by the opposite parties.<br /> <br /> Declared in the Open Forum on this the 29th day of July, 2008<br /> <br /> Jacob Stephen,<br /> (President).<br /> <br /> Smt. C. Lathika Bhai (Member) :<br /> <br /> Sri. N. Premkumar (Member) :<br /> <br /> <br /> Appendix:<br /> Witness examined on the side of the complainant:<br /> PW1 : Thankamma<br /> Exhibits marked on the side of the complainant:<br /> A1 : Photocopy of the Caste Certificate issued by the Tahsildar<br /> Kozhencherry to the complainant.<br /> A2 : Photocopy of the C.D. receipt for Rs.200/- dated 8.9.05 issued by <br /> the K.S.E.Board to the complainant.<br /> Witness examined on the side of the opposite parties: Nil<br /> Exhibits marked on the side of the opposite parties : Nil.<br /> <br /> <br /> <br />