Karnataka

Chitradurga

CC/87/2017

Syed Ahamed S/o Syed Swaleha - Complainant(s)

Versus

Bescom,The Executive Engineer - Opp.Party(s)

Sri.SyedSwaleha

05 Dec 2017

ORDER

COMPLAINT FILED ON:28.08.2017

DISPOSED      ON:05.12.2017

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA.

 

CC.NO: 87/2017

 

DATED:  5^th DECEMBER 2017

PRESENT: - SRI. T.N. SREENIVASAIAH  : PRESIDENT                                   B.A., LL.B.,

                   SRI.N. THIPPESWAMY        : MEMBER

                                 B.A., LL.B.,   

……COMPLAINANT/S	Syed Ahmed S/o Syed Swaleha, Age: 37 Years, R/o 62/1, S.R. Manzil, III Cross, TMK Road, Horapete, Chitradurg.     (Rep by Sri.Syed Swaleha, Advocate)
V/S
…..OPPOSITE PARTIES	1. The Executive Engineer, BESCOM, Chitradurga.   2. The Assistant Executive Engineer, BESCOM, Chitradurga.   3. The Assistant Engineer, BESCOM, Chitradurga.   4. Sri. Komalkumar, Former Assistant Engineer, BESCOM, Chitradurga.   Present Address: Meter Testing, Divisional Stores, BESCOM, Chitradurga.   (Rep by Sri. M. Umesh, Advocate)

ORDER

SRI. T.N. SREENIVASAIAH:   PRESIDENT

The above complaint has been filed by the complainant u/Sec.12 of the C.P Act, 1986 for the relief to direct the OPs to pay compensation of Rs.1,25,000/- and such other reliefs.

2.      The brief facts of the case of the above complainants are that, they are the permanent residents of the address given in the cause title.  The OPs have installed the electric pole infront of the house of the complainants and nearly 20 connections given to the different houses from the said pole.  According to the complainant, when the monkeys are roaming through mains wire and heavy wind, by that time, the electric mains wire contact with each other thereby there arise short circuit and the power given to the houses from the said pole disconnected.  The photos produced by the OPs clearly shows that, nearly 20 connections were given from the said pole.  It is further submitted that, the complainants approached the OPs for disconnection of power for more than 20 connection from the single pole on 17.11.2011 and also given written complaint to the OPs.  The complainants have also written a letter to the OPs on 16.10.2014 and approached the OPs to solve the problem.  By that time, the OPs have given one or the other reasons.  On 24.11.2014, the complainant issued legal notice to the OPs along with photocopy of the actual possession of the electric pole to the OPs.  But, the OPs have not given any reply to the notice issued by the complainant.  After service of notice to the OPs, OPs have not solved the problem of the complainants.  It is further submitted that, the complainant has lodged a complaint before the BESCOM, Davanagere on 24.08.2015.  The Superintendent of the BESCOM, Davanagere also has not taken any necessary action with regard to this point.  The complainants have approached the OPs nearly 7 years continuously but, the OPs have not taken any action to inspect and to verify the actual possession of the electric pole about the power connections given to the houses.  Hence, there is a deficiency of service on the part of OPs.  The cause of action for this complaint arose on 17.11.2017 and in the month of June 2015 when the complainants have issued legal notice to the OPs which is within the jurisdiction of this Forum and prayed for allowing the complaint.    

3.      After service of notice, OPs have not appeared before this Forum.  Hence, placed exparte.  Again on 20.09.2017, the OPs have appeared through Advocate Sri.M. Umesh and filed an application praying time to file version.  But, they have not filed any version, affidavit or written arguments.  Hence, the case is posted for orders on available documents.     

 4.     Complainant No.2 has examined as PW-1 by filing affidavit evidence and the documents Ex.A-1 to A-15 were got marked and closed their side.  OPs have not filed any version, documents and they have not come forward to give an evidence to prove their case.    

5.      Arguments heard.

6.      Now the points that arise for our consideration for decision of above complaints are that;

 

1. Whether the complainant proves that, the OPs to disconnect the excess power connection in one pole and by laying new wires and switch plates in the electric pole and entitled for the reliefs as prayed for in the above complaint?

              (2) What order?

          7.      Our findings on the above points are as follows:-

          Point No.1:- Partly in Affirmative.

          Point No.2:- As per final order.

REASONS

8.      It is not in dispute that, complainants are the permanent residents at the address given in the cause title.  The OPs are residing at Chitradurga Town.  It is to note that, infront of the house of the complainants, OPs have installed one electric pole and given electric supply nearly more than 20 houses from the said electric pole.  The complainants have approached the OPs somany times for disconnection of 10 connection and to leave 10 connection from the said electric pole.  But, the OPs have not taken any care and they have not inspect the same.  As per the photos produced by the complainants it clearly shows that, one electric pole is having nearly 20-125 connections.  Suppose there is heavy rain and heavy wind by that time, the mains wire of the electric pole connected with each other and there will be a chance of short circuit causing many problems. In this connection, the complainants have given somany complaints before the Chitradurga as well as Superintendent of BESCOM, Davanagere but, nobody have taken risk to solve the problems of the complainants.  Finally, complainant issued legal notice to the OPs.  By that time also, they have not taken any care as per the exhibits produced by the complainant.  The exhibits produced by the complainants clearly shows that, the single electric pole is having nearly 20-25 connections.  Ex.A-3 to A-11 clearly shows that, the complainant has given complaints to the OPs.  But, they have not taken any steps to solve the problem.  Therefore, there is a deficiency of service. 

9.      We have gone through the entire pleadings filed by the complainants along with documents.  As per the exhibits it clearly shows that, the complainants are having somany problems with regard to the electric pole installed infront of the house of the complainant.  As per the photos produced by the complainant clearly shows that, one single electric pole is having 20-25 connections.  It is very dangerous to human being.  The complainant has lodged a complaint before the OPs since from last 7 years.  The complainant No.2 is the senior Advocate, he approached the OPs somany times but, the OPs have not taken any care.  The complainant being an Advocate has faced this type of problems what about the problems of the general publics.  So, OPs have committed deficiency of service.    Accordingly, this Point No.1 is held as partly affirmative to the complainant.          

            10.     Point No.2:- As discussed on the above point and for the reasons stated therein we pass the following:-

ORDER

The complaint filed by the complainant U/s 12 of CP Act 1986 is partly allowed.

It is ordered that, the OPs are hereby directed to disconnect the excess power connections given to the houses from the pole which was installed infront of the house of the complainants by leaving 10 connections and to change the wires with new wire along with switch plate.

It is further ordered that the OPs are hereby directed to pay a compensation of Rs.20,000/- to the complainant.

It is further ordered that, the OPs are hereby directed to pay Rs.5,000/- towards costs of this proceedings.  

It is further ordered that, the OPs are hereby directed to comply the above order within 30 days from the date of this order.

 (This order is made with the consent of Member after the correction of the draft on 05/12/2017 and it is pronounced in the open Court after our signatures)

 

 

                                     

 MEMBER                                                   PRESIDENT

-:ANNEXURES:-

Witnesses examined on behalf of Complainant:

PW-1:  Complainant by way of affidavit evidence.

Witnesses examined on behalf of OPs:

-Nil-

Documents marked on behalf of Complainant:

01	Ex-A-1:-	6 Photos
02	Ex-A-2:-	Electric bill and receipt
03	Ex-A-3:-	Letter dated 16.10.2014
04	Ex-A-4:-	Legal notice dated 24.11.2014
05	Ex-A-5:-	Letter dated 01.06.2015
06	Ex-A-6:-	Letter dated 24.08.2015
07	Ex-A-7:-	Postal receipts and postal acknowledgements
08	Ex-A-8:-	Postal receipts
09	Ex-A-9:-	Proof of delivery by the Postal authority
10	Ex-A-10:-	Letter dated 28.11.2014 by the BESCOM
11	Ex-A-11:-	Letter dated 02.12.2014 by the BESCOM
12	Ex-A-12:-	Letter dated 04.12.2014 by the complainant
13	Ex-A-13:-	Letter dated 06.12.2014 by the BESCOM
14	Ex-A-14:-	Letter dated 20.01.2015 by the BESCOM
15	Ex-A-15:-	Postal receipt and postal acknowledgement

 

Documents marked on behalf of OPs:

-Nil-

 

MEMBER                                                            PRESIDENT

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