::BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AT BIDAR::
C.C. No.64/2016.
Date of filing: 26.08.2016.
Date of disposal: 30.04.2018.
P R E S E N T:-
(1) Shri. Jagannath Prasad Udgata, B.A., LL.B.,
President
(2) Shri. Shankrappa (Halipurgi),
B.A.LL.B.,
Member.
COMPLAINANT/S: 1. Vaijinath S/o Kallappa Bunna,
Age: Major, Occ: Private Work,
R/o Basavakalyan, Dist: Bidar.
(By Sri. P.M.Deshpande, Adv.)
VERSUS
OPPONENT/S: 1) Executive Engineer,
GESCOM, Division Humnabad
Dist: Bidar.
2) The Assistant Executive Engineer
GESCOM, Sub-Division Basavakalyan
Dist: Bidar.
(By.Sri.R.K.Ganure, Adv.)
:: J UD G M E N T ::
By Shri. Jagannath Prasad Udgata, President.
The complainant herein has filed the present complaint u/s 12(a) of the C.P. Act, 1986 alleging the deficiency of service in the part of the O.P.s.
2. The complainant asserts that, he, a native of Basava Kalyan is a consumer under the opponents, owing to the fact that, he has obtained electrical connection to his residential premises vide R.R.No.3482 and he pays the bills regularly. The metre being non functional, he appraised the opponents. The opponents but without taking any steps for rectification of the metre concerned, all of a sudden, issued an exorbitant bill to the tune of Rs.43,367/- and later had disconnected the electrical supply. The abrupt disconnection has put him and his family members to much inconveniences.
3. The complainant on the above mentioned grounds has sought the indulgence of the forum to quash the excessive bill, direct restoration of connection and has claimed a compensation of Rs.20,000/- and other reliefs.
4. The opponents entering into appearance through counsel have filed written versions, in which it is admitted that, the complainant has obtained a connection for commercial use in his firm christened as M/s M.K. Krishna Bakery, 26-145, Main Road, Basavakalyan and the bill itself discloses the classification as LT3/LT4. The electricity obtained and used for commercial purpose, this forum has no jurisdiction to entertain the present complaint.
5. Both sides have filed evidence affidavits and documents listed at the end of this order and have argued their cases.
6. Considering the pleadings of the feuding parties and the documents submitted by them, a single point arise for our consideration.
7. Is the present complainant entitled to maintain and pursue this case before this Forum?
8. Our answers to the point is in the negative owing to the following:-
:: REASONS ::
9. Point (a): Not withstanding anything contained in the objections of the opponents that, the complainant is a commercial user of electricity vide metre No.3482 classified under LT3/LT4 category, from out of the documents produced by the opponents (especially R-1 and R-5) it is disclosed that, the connection was sanctioned in favour of one M.K. Krishna Gowda and he has entered into an agreement with the opponents on 01.07.1959. Per contra, the complainant has even though produced a notice of the opponents, a copy of his letter to the opponent dated 02.12.2015 and two bills, not a single receipt evidencing his payment of bills has been produced. In what manner, how and when, the present complainant stepped into the shoes of the original consumer M.K. Krishna Gowda is no where explained. Therefore, we are constrained to hold that, the complainant has no locustandi to maintain the present case and we pass the following;-
ORDER.
- The complaint is dismissed.
- There would be no order as to cost or otherwise.
- Four weeks time granted to comply this order.
(Typed to our dictation then corrected, signed by us and then pronounced in the open Forum on this 30th day of April 2018).
Sri. Shankrappa H. Sri. Jagannath Prasad
Member. President.
Documents produced by the complainant
- Annexure. A- Copy of demand notice of opponents.
- Annexure. B– Copy of acknowledged representation of the
complainant. - Annexure. C & D- Bills issued by the opponents.
Document produced by the Opponents.
- Annexure.R.1- Copy of sanction order of R.R.No.3482 and its’
enclosures. - Annexure.R.2- Copy of requisition for supply of energy and its
enclosures. - Annexure.R.3- Copy of N.O.C. by Basavakalyan C.M.C.
- Annexure.R.4- Copy of licence granted by Basavakalyan O.M.C.
- Annexure.R.5- Copy of agreement of M.K .Krishne Gowda with
opponents.
Witness examined.
Complainant.
- P.W.1- Sri Vaijainath S/o Kallappa (complainant).
Opponent No.1
- R.W.1- Sri. Vishwanath S/o Nagappa, A.E.E.GESCOM,
Basavakalyan.
Sri. Shankrappa H. Sri. Jagannath Prasad
Member. President.
