Per Shri S.R. Khanzode – Hon’ble Presiding Judicial Member:

     This appeal is directed against the order dated 09.09.2010, passed in Consumer Complaint No.228/2010, Smt.Sunanda Vilasrao Deshmukh V/s.Chief Executive Engineer, Maharashtra State Electricity Distribution Company Ltd. & Anr., by District Consumer Disputes Redressal Forum, Solapur (‘Forum below’ in short).  The deficiency in service in respect of not giving energy connection to the pump is alleged by the original Complainant. 

     We heard Ld.Counsel for the Appellant.  Perused the record. 

     In the instant case, energy is to be supplied by Maharashtra State Electric Distribution Co. Ltd. and if at all there is any service deficiency, it should be alleged only against the Maharashtra State Electric Distribution Co. Ltd. (hereinafter referred to as the ‘Company’) and not against the officials who were distinct juridical persons.   Complainant Sunanda Deshmukh’s husband late Vilasrao Deshmukh (who died on 06.09.2003), on 14.12.2000 applied for energy connection for his agriculture land.  However, it was not provided on the ground that said land was in occupation of tenants and they were in arrears of energy consumption charges.  It is submitted on behalf of the Complainant that liability of  tenants – Vithabai Jadhav and Sopan Jadhav could not be fastened on late Vilasrao Deshmukh.  Therefore, not supplying of the energy being a discriminatory act on part of the Company, they are responsible to make good loss sustained by the Complainant @Rs.40,000/- per year, since from the year 2000, consumer complaint is filed to recover said loss by way of compensation. 

      It is revealed from the written version of the opposite Party that on 09.01.2006 energy supply was taken for above Gut No.29.  Thereafter by tampering with the documents the Appellant/original Complainant insisted that energy be given to another Gat No.21/1B.  This fact was brought to the notice of the Applicant.  The remedy was to make simple application to supply energy to Gut no.21/1B.  There were also allegations of the theft of energy.  In this background the particular action of the official of the Maharashtra State Electric Distribution Co. Ltd. cannot be termed as deficiency in service.

    Further, since no energy supply was given, no contract or statutory liability arises between the parties, much less in between the wife of late Vilasrao Deshmukh, namely the Complainant and the Company.  This cannot be a consumer disputes.  Forum below rightly considered the aspects involved and dismissed the consumer complaint.  We find no fault with it.  We hold accordingly and pass the following order:

O  R  D  E  R

  (i)          Appeal stands dismissed in limine. 

(ii)          No order as to costs.