(Per Mr.P.N.Kashalkar, Hon’ble Presiding Judicial Member)
(1) This appeal is lying unattended from 2004. The appellant also has not bothered to take circulation for getting first order passed. Therefore, on 05/08/2011, this matter placed before us for disposal. Intimation of that date was displayed on notice board and published on internet board of the Commission. On 05/08/2011, on finding that appellant as well as the respondent were absent, we directed office to issue notice informing next date of hearing i.e. 30/09/2011 to both the parties. Accordingly, on 23/09/2011, office issued notices to the parties. On 30/09/2011 i.e. today, the appellant as well as the respondent are absent. Therefore, we are deciding the matter on merit. This is an appeal filed by the original complainant against the dismissal order passed by the District Forum, Sindhudurg in Consumer Complaint No.26/2004 decided on 27/07/2004. The facts lie in narrow compass. The complainant had filed consumer complaint alleging that he is consumer having No.237830000828 for meter No.R-82 situated at Devulwadi, Terse Bambarde, Tal.Kudal, Dist.Sindhudurg. The complainant had failed to pay electric bill, his electric meter supply was disconnected by the opponent. On 25/11/2003, the complainant paid the said due electric bills and charges for reconnection but even then his electric supply was not reconnected. Therefore, the complainant had issued notice dated 15/12/2003. Despite of service of the notice, the opponent did not fulfill his demands. The complainant thereby apprehended that the opponent may give electric connection in the name of some another person. So he approached the forum by filing consumer complaint alleging deficiency in service on the part of MSEB. He also stated in prayer and affidavit that there was apprehension that the opponent may give connection in the name of Dev Rameshwar Seva Sallagar Samiti. After receipt of the notice, the opponent appeared and filed written statement by Ex-13. They also filed affidavit of Shri Kiran Kulangar Nandkumar. The opponent in their written statement disclosed that it had sanctioned the electric supply to the complainant in Dev Rameshwar Devsthan as per his demand before 15 years back. The meter No.of Devalaya is R-182. However, as complainant failed to pay the electric bill, his electric supply was disconnected after giving required notices as per provisions of the Electricity Act. In the meantime, the president of Shri Dev Rameshwar Seva Sallagar Samiti had also demanded new electrical connection for the same Devsthan by producing relevant documents and by paying necessary charges. On 27/11/2003, Western Maharashtra Devsthan Upkaryalaya, Maharashtra sent a letter to the opponent by legally assigning the management of Shri Dev Rameshwar Devsthan Temple to the Stanik Sallagar Samiti, wherein the complainant was not member. The complainant in the meantime also paid electrical dues and necessary charges for re-connection. The opponent further contended that in such circumstances it was wrong to provide connection to the complainant. The complainant had made party to the President, Shri Gangadhar Vinayak Joshi of Shri Dev Rameshwar Sthanik Sallagar Samiti who had also filed a Consumer Case No.64/2003 in the Forum to provide electric connection. This fact was suppressed by the complainant. The opponent, therefore, prayed that the appellant is willing to give electric connection to any one as directed by the forum.
(2) The forum below on considering the documents on record dismissed the complaint. Aggrieved by the order, the complainant filed this appeal. We are finding that the order passed by the District Forum, Sindhudurg is just and proper in as much as initially appellant had taken electric connection. His connection was discontinued on failure of paying dues. The connection was taken for Shri Dev Rameshwar Sthanik Sallagar Samiti, however since there was a dispute between the complainant and Shri Dev Rameshwar Seva Sallagar Samiti, the latter was another group styled as Shri Dev Rameshwar Sthanik Sallagar Samiti. They approached Western Maharashtra Devsthan Upkaryalay, Maharashtra and Western Maharashtra Devsthan Upkaryalay, Maharashtra appointed them as manager of the said Devsthan Committee. Accordingly, letter to that effect was issued by Western Maharashtra Devsthan Upkaryalay, Maharashtra to the MSEB, Sindhudurg. They deposited previous bills. The also pay dues. In the meantime, the complainant also approached to MSEB and paid arrears of bills and reconnection charges. Therefore, the MSEB had not given connection to both of them. On failure on the part of MSEB to give re-connection to Shri Dev Rameshwar Sthanik Sallagar Samiti, they had already filed consumer complaint No.64/03 and on learning that they have filed such complaint, the complainant also approached forum on 20/01/2004. The forum noted all these things and dismissed the complainant. The Western Maharashtra Devsthan Upkaryalay, Maharashtra had approved Shri Dev Rameshwar Sthanik Sallagar Samiti as authorised office manager of the Devastan. The forum below has rightly dismissed the complaint filed by the complainant. In the circumstances, the appeal is devoid of any substance and hence, we pass the following order:-
ORDER
(1) Appeal stands dismissed.
(2) No order as to costs.
(3) Inform the parties accordingly.
Pronounced on 30th September, 2011.
