Complaint filed on: 03.02.2016

                                                                                                                            Complaint Disposed on:18.05.2017

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AT CHICKMAGALUR.

COMPLAINT NO.7/2016

DATED THIS THE 18^th DAY OF MAY 2017

:PRESENT:

HON’BLE SRI RAVISHANKAR, B.A.L, LL.B., - PRESIDENT

HON’BLE SMT B.U.GEETHA, M. COM., LL.B., -MEMBER

HON’BLE SMT H. MANJULA, B.A.L., LL.B., - MEMBER

COMPLAINANT:

R.Iqbal Ahamad S/o P.Abdul Ravoof,

Aged about 59 years, Coffee Planter,

R/o 1^st Cross, Hirekolale Road,

Uppalli, Chikmagalur Taluk.

(By Sri/Smt. Gerald Dias, Advocate)

V/s

OPPONENT:

1.Executive Engineer(Ele),

MESCOM, Chikmagalur.

2.Assistant Engineer(Ele),

MESCOM , Aldur,

Chikmagalur Taluk.

(OP No.1 & 2 By Sri/Smt. H.C.Kumar, Advocate)

By Hon’ble President Sri. Ravishankar,

:O R D E R:

The complainant filed this complaint U/s 12 of the Consumer Protection Act 1986 against OP Nos.1 & 2 alleging deficiency in service in not providing power supply to the IP set of the complainant under meter no.GK IP 35884. Hence, prays for direction against Op Nos.1 & 2 to provide power supply under the said meter and compensation for deficiency in service.

2.     The brief facts of the complaint is that:

        The complainant had obtained 5 H.P. power supply under Government’s Ganga Kalyana Scheme vide reference no.3686-881 on 18.10.2010, since then the complainant using the electricity to irrigate his lands and the Ops used to issue electricity bills regularly. Such being the case on 10.01.2015 the Op Nos.1 & 2 have issued a bill for Rs.5,624/- with reference no.574/2013-14 and also issued a notice to the complainant and called upon him to pay an amount of Rs.4,619/- as a principal amount for consumption of the electricity and they suggested to waive the interest of Rs.1,005/-. In view of the said letter the complainant paid an amount of Rs.4,619/- on 16.01.2015 vide receipt no.1770. Inspite of the payment made by this complainant the Ops vigilance squad have registered a case against this complainant in C.R.No.8/2015 on 20.02.2015 for the offence punishable U/s 135(1)(b) of Electricity Act, 2003/2007 and now the Op Nos.1 & 2 have filed a charge sheet against this complainant before 1^st Additional District & Session’s Judge Court, Chikmagalur in Special case No.24/2015, now the case is pending before session’s judge. Further the Op Nos.1 & 2 have disconnected the electricity supply which was obtained by complainant under Ganga Kalyana Scheme, for which the complainant requested the Ops to provide electricity supply, but the Ops have demanded for payment of Rs.47,924/- being 6 months back billing, for which the complainant refused. The disconnection made by Op Nos.1 & 2 without any valid reasons is ill-legal and amounts to deficiency in service. The complainant had paid the earlier bill as demanded by Ops. Inspite of that the Ops have registered a criminal case and demanding for payment of a huge amount. Hence, complainant filed this complaint and prays for direction against Op Nos.1 & 2 to provide electricity connection which was disconnected along with compensation for deficiency in service as prayed above in the interest of justice and equity.

3. After service of notice OP Nos.1 & 2 appeared through their counsel and filed version and contended that the complainant had obtained the electricity supply to his IP installation bearing meter no.GKIP 35884 through Ganga Kalyana Scheme under LT4(c) tariff. On 20.02.2015 the vigilance squad of these Ops visited the installation belonging to the complainant at Kanathi Grama, Avathi Hobli, Chikmagalur Taluk where they found that the complainant was using the electricity supply directly without installing meter which was provided to complainant to irrigate the coffee plantation. The act of the complainant amounts to theft of the electricity, in this regard the vigilance squad have prepared a report at the spot and copy of the report also served to the complainant. There afterwards the report was submitted to Section Officer at Aldur. Basing on the said report these Ops prepared the back bill and issued to the complainant for payment, but complainant instead of paying the back bill had filed this false complaint alleging deficiency in service. These Ops have disconnected the electricity supply to the complainant for non-payment of the back bill. Hence, there is no any deficiency in service on the part of Op Nos.1 & 2. The complainant is not entitled to get the electricity supply without payment. Hence, prays for dismissal of the complaint.

4. Complainant filed affidavit and marked documents as Ex.P.1 to P.8. OP Nos.1 & 2 also filed affidavit and documents marked as Ex.R.1 to R.7.

5.     Heard the arguments.

6.     In the proceedings, the following points do arise for our consideration and decision:

1. Whether there is deficiency in service on the part of OPs.
2. Whether complainant entitled for any relief & what Order?

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

1. Point No.1: Negative.  
2. Point No.2: As per Order below. 

: R E A S O N S :

POINT NOs. 1 & 2:

8. On going through the pleadings, affidavits and documents produced by both complainant and Op Nos.1 & 2 we noticed that in the year 2010 the complainant had obtained electricity supply to his lands under Ganga Kalyana Scheme under LT4(c) tariff, but complainant alleges that all of a sudden Ops have issued a bill for Rs.5,624/- and demanded for payment and subsequently Ops have wrote a letter stating that interest is going to be waived off and demanded for payment of balance amount of Rs.4,619/-. Accordingly the complainant paid the said amount and after payment Ops have disconnected the electricity supply without any valid reasons and also demanded for payment of huge amount of Rs.47,924/-. Hence, complainant alleges a deficiency in service and prays for direction against Op Nos.1 & 2 to provide electricity supply.

9. On contrary Ops have taken a contention that when the vigilance squad of the Op company visited the complainant’s installation they noticed that the complainant is using the electricity directly from the pole which amounts to theft and accordingly they have registered a complaint against complainant before Judicial Magistrate at Chikmagalur, subsequently charge-sheet was filed. In this regard complainant has produced certified copy of the order sheet marked as Ex.P.8, which goes to show that the Ops have registered a Special case No.24/2015 before 1^st Additional District and Session’s Judge at Chikmagalur under the offence punishable U/s 135(1)(b) of Electricity Act 2003/2007. Now the complainant has filed this complaint alleging deficiency in service in disconnecting the electricity supply but complainant has not explained whether he is using the electricity directly or not, he simply sworn affidavit that they have disconnected the electricity supply. We are of the opinion that when there is a theft complaint U/s 135 of Electricity Act 2003/2007 the complainant cannot allege a deficiency in service on the part of Ops in disconnecting the electricity supply. In the mean time Ops have issued a back bill for consumption of electricity, when they have demanded for payment of electricity bill that is not amounts to a deficiency in service. We found there is no any ill-legality or irregularity in issuing the back bill to the complainant and also disconnecting the electricity supply to the complainant if the said bill was not paid and complainant failed to establish a deficiency in service on the part of Ops. As such the complaint is liable to be dismissed and for the above said reasons, we answer the above point no.1 and 2 in the Negative and proceed to pass the following:-  

: O R D E R :

1. The complaint filed by the complainant is hereby dismissed.  No order as to costs.
2. Send free copies of this order to both the parties.

(Dictated to the Stenographer transcribed typed by her, transcript corrected by me and then pronounced in Open Court on this the 18^th day of May 2017).

(B.U.GEETHA)        (H.MANJULA)         (RAVISHANKAR)

    Member                  Member                    President

ANNEXURES

Documents produced on behalf of the complainant:

Ex.P.1              - Copy of the FIR.

Ex.P.2              - Copy of the complaint.

Ex.P.3              - Copy of the sanction letter issued by Op.

Ex.P.4              - Memo issued by Op.

Ex.P.5              - Electricity bill.

Ex.P.6              - Receipt towards payment of electricity bill.

Ex.P.7              - Demand Notice dtd:23.02.2015.

Ex.P.8              - Order sheet.

Documents produced on behalf of the OPs:

Ex.R.1              - Copy of the Estimation towards drawing of electricity line.

Ex.R.2              - Copy of the Completion Report.

Ex.R.3              - Letter issued by Vigilance of OP.

Ex.R.4              - Copy of the FIR.

Ex.R.5              - Police complaint given by AEE of Op vigilance Office.

Ex.R.6              - Spot Mahazar.

Ex.R.7              - Back bill issued by Op.

Dated:18.05.2017                         President 

                                          District Consumer Forum,

                                                  Chikmagalur.            

RMA