ORDER

(Passed on   08/09/2021)

PER SHRI.ATUL D.ALSI, PRESIDENT.

The complainant has filed this complaint U/s 12 of the Consumer Protection Act,1986 against illegal and arbitrary rejection of new electric meter in the grocery shop of the complainant and thereby praying for compensation for financial loss of Rs.2,25,000/- alongwith 18% interest and further claiming compensation of Rs.2,00,000/-towards mental torture and further Rs.50,000/- towards cost of proceeding.

2.        The facts in nutshell  giving rise to this petition are that the Complainant is running  a grocery shop after death of his father at Samadhipura, Chandrapur on Plot No.116/1 since 2006. Adjoining land from Nazul Plot No.14070 is in the possession of one Mr.Vilas Nikhate and the Nikhate family.  Earlier, there was no electric connection in the shop of the complainant, and hence the complainant requested Mr.Vilas Nikhate to install electric connection temporarily in his name to give supply to the complainant and hence a meter bearing No.450010679562  came to be installed and the complainant regularly paid the bills thereof to the OP. That being so, the complainant is a Consumer of OP Nos.1 & 2.

3.       The complainant then applied for permanent lease of shop in his name  before the Tahasildar, Chandrapur and till date, the matter is pending before the Nazul Authority. In the meantime, Mr. Vilas Nikhate in whose name, the electric connection was installed, died in the year 2016 and hence the meter came to be transferred in the name of his wife Mrs.Sandhya Vilas Nikhate on her request. On the request of Mrs.Sandhya Nikhate the electric meter was shifted from the shop of the complainant to her residence.  

4.       The electric meter installed in the shop of the complainant came to be disconnected by OP No.1 for the huge arrears of bills. Therefore, the complainant moved an application on 3/3/2018 vide application No.12954706 for installation of new electric meter at his shop premises. However, the application came to be rejected by the OP after inspection of spot and verification of documents and also on consideration of the objection raised by OP No.3.  One Civil Suit for eviction and possession has been filed by OP No.3 and others against the complainant which is pending before the Civil Court which is also one of the reason for rejection of the application by the OP No.1. After rejection of the request for installation of new electric meter, the complainant issued legal notice on 10/5/2018 but the same is not complied by OP Nos. 1 & 2 and hence the present petition came to be filed.

5.       The complaint is admitted and notices were served on the OPs. The OP No.1 and 2 filed their reply and thereby denied allegations against them and submitted that the complainant is not Consumer of OP Nos.1 & 2 because the complainant is not the owner of the electric meter earlier installed nor any new connection is granted in his favour by the OP.  Hence the complainant has no locus standi to initiate proceeding within the jurisdiction of this Fora. The disputed electric meter and the connection was initially in the name of Mr.Vilas Vasantrao Nikhate and after his demise, the same was transferred in the name of Smt.Sandhya Vilas Nikhate.  The application moved by the complainant for installation of new electric connection at his shop came to be rejected by the OP No.1 for non production of requisite documents by the complainant which are required under Electricity Act,2003 and also considering the objection raised by Mrs.Sandhya Vilas Nikhate who is the owner of adjoining land and who has filed a Civil Suit for eviction and possession  against the complainant which is pending in Chandrapur Court.  Hence there is no negligence of deficiency in service on the part of OP Nos.1 & 2 and as such the petition deserves to be dismissed with cost.

6.      The OP No.3 submitted in her reply that the land in question is the self acquired property of Late Vasantrao Nikhate. Late Vasantrao constructed a house in concrete alongwith wall compound and shop and was the regular payer of municipal taxes. After his demise, the legal heirs of Late Vasantrao are residing in the house. The land bearing Plot No.78/1, Layout No.1, Sheet No.3 has been renumbered as Plot No.78/1K, Layout No.116/1 Sheet No.9 Block No.98 at Samadhipura Mohalla has been allotted on permanent lease in favour of husband of the OP No.3.  Initially the shop was rented to various persons and lastly it was given on rent to the father of complainant.  However, a Civil Suit bearing No.127/17 came to be filed by the legal heirs of Mr.Vasant Nikhate against the complainant which is pending in the Civil Court at Chandrapur.  The complainant, by misusing power, has prepared forged Municipal Tax receipts of the shop premises in his name and hence on the complaint  lodged by the OP No.3, an offence U/s 420, 466, 468 and 471 of IPC has been registered against the complainant and trial is pending before the Chandrapur Court.  The complainant is in a habit of misusing these forged municipal tax receipts in various government departments to get shop license etc. and in the present petition too, the complainant has filed forged tax receipts.  The complainant has no locus standi to file present case. The rejection of installation of new electric meter by OP No.1  is proper and as per rules and hence the petition is liable to be dismissed.

7.       Counsel for the complainant argued that the OP No.1 has rejected the installation of new meter at his shop without verifying the legal position and possession of the complainant and arbitrarily  rejected the application on the objection raised by the OP No.3. The complainant has applied for permanent lease of shop premises before Tahsildar, Chandrapur which is subjudice before the Revenue Authority.  Rejection of application for new electric connection for the reason of pendency of Civil Suit for evacuation and possession and objection raised by OP No.3 amounts to deficiency in service. As the complainant has applied for grant of new electric connection, he is a consumer within the meaning of C.P.Act. Hence the petition deserves to be allowed.

8.       The counsel for the OP Nos.1 & 2 argued that mere application for installation of meter does not give locus standi to file case and the complainant is not a Consumer within the definition of Consumer under C.P.Act. The OP Nos.1 & 2 have rejected the application for installation of meter after spot inspection and verification of documents and considering the objection raised by OP No.3 as per rules and provisions of Electricity Act,2003. Hence the petition has no merit and is liable to be dismissed.

9.       Counsel for OP No.3 argued that the complainant has no locus standi to file present petition. The complainant has no title and right to get installed new electric connection. A Civil suit for eviction and possession filed by the OP No.3 against the complainant is pending before the Civil Court at Chandrapur.  The complainant is a person having criminal background. The rejection of new electric connection by OP Nos.1 & 2 is proper as it is done after spot inspection and verification of documents . Hence the petition has no merits and is liable to be dismissed.

REASONING

10.      The Complainant has applied for installation of new electric connection  in his name at shop premises, but after preliminary enquiry, spot inspection and verifying the documents and further considering the objection raised by OP No.3, the OP Nos.1 & 2 rejected the application as per rules and provisions of Electricity Act,2003. Once the application for installation of new meter is rejected, then the complainant is no more a Consumer of OP Nos.1 & 2 and it is the discretion of OP Nos.1 & 2 to allow or reject the new installation of meter as per provisions of law.  The O.P.Nos.1 & 2 have complied the necessary process required for installation of new meter as per rules which are mandatory in nature. Till the acceptance of application for new connection and payment of demand notice charges, the complainant cannot claim to be titled as a Consumer and, therefore, the complainant is not a Consumer within the meaning C.P.Act,2019. On the other hand, the OP Nos.1 & 2 as an institution and a legal person, has complied due process of law and procedure for installation of new electric connection and after verification of documents and spot inspection has rejected the application. Hence there is no deficiency in service on the part of OP Nos.1 & 2. Hence the present petition deserves to be dismissed. In view of our observations as above, we proceed to pass the following order..

ORDER

1. The Complaint No.17/2019 stands dismissed.

2. Both the parties to bear their own cost.

3. Copy of the order be furnished to both the parties free of cost.

(Smt.Kalpana Jangade (Kute)  (Smt.Kirti Vaidya (Gadgil)     (Shri.Atul D.Alsi)

               Member                                 Member                                    President