Per Mr P N Kashalkar, Hon’ble Presiding Judicial Member

          Heard appellant Mr Israil Khan Ibrahim Khan in person.

1.      This appeal is filed by the original complainant whose complaint is dismissed by the District Consumer Forum, Amravati by passing an order dtd.18.09.2008 in CC No.195/2008.

2.      It was the case of complainant that he had applied to o.p. – MSEDCL for getting electric supply for agricultural purpose in his field.  Initially, he was asked to pay `26,000/- which was beyond his capacity. On second time he had again applied for electric connection but he could not deposit `16,000/-.  On 3^rd occasion i.e. on 27.03.2007 he had again applied for agricultural connection and as per demand of o.p. he deposited `8,630/- but despite depositing the amount, he was not given electric connection by the o.p.  Hence, he filed consumer complaint before the Forum and sought order by the Forum to direct the o.p. to give electric connection for his agriculture field.  He also claimed `2 lac for loss sustained by him due to not providing the electricity connection to his field and also claimed `25,000/- towards harassment and cost.

3.      O.p. contested the complaint by filing their written statement.  They contended that after depositing the amount, the name of the complainant was recorded in the waiting list and as per waiting list he would be provided agricultural connection.  According to o.p., it is not guilty of deficiency of service and complaint should be dismissed.

4.      The District Forum, upon hearing the advocates and on perusal of documents before it, held that complainant had deposited the amount for the first time on 27.03.2007.   However, after deposit of amount his name was recorded in waiting list maintained by the o.p.  In waiting list, his number was 81.  So unless, other persons, who are ahead of complainant in waiting list, are granted electric connection, the complainant cannot be granted the connection.  Therefore, the Forum held that there was no deficiency in service on the part of o.p. and was pleased to dismiss the complaint. 

5.      Against the dismissal of complaint, this appeal is filed by the complainant / appellant herein.

6.      Upon hearing the appellant in person, we are finding that there is no substance in appeal and the impugned order passed by the Forum is just, proper and sustainable in law. The respondent company cannot be permitted to jump over the waiting list to grant electric connection to the field of complainant unless his turn reaches as per waiting list numbers.  

7.      The appellant has not made out his case and as such we are finding that there is no deficiency in service in as much as allotting the electric connection as per the waiting list is the equitable prescribed procedure.   Appeal is devoid of any substance.  Hence, we pass the following order:-

ORDER

1.      Appeal is dismissed.

2.      No order as to costs.

3.      Copies of this order be supplied to the parties free of cost.

          Pronounced on 29.04.2011

sj