By Sri. K. Gheevarghese, President:<br /> <br /> <br /> The complaint filed under section 12 of the Consumer Protection Act.<br /> <br /> <br /> The gist of the complaint is given below.<br /> <br /> The Complainant applied for OYEC electric connection on 03.01.2004. As per the direction remitted Rs. 23,200/- and the Complainant was supplied electric connection as consumer No.9809 on 12.05.2004. When the application was given for the supply of electric charge it was informed that the supply requires the drawing of line to the extent of 110 metre. The Complainant remitted Rs.23,200/- towards the price of post and other expenses. The Opposite Party also demanded to meet the expense for the transportation charges for the post and other accessories. The Complainant spend Rs.1,400/- for the transportation of materials including the electric post. The Opposite Party instead of using three electric posts only used <br /> - 2 -<br /> two posts and the line was drawn and charged. The Complainant has already remitted the cost of the three electric posts but the post which was not erected till remains there unused. On 19.5.2004 a written complaint was given to the Opposite Party to redress the grievances. There after the Complainant gave petitions to different higher authorities. No. steps were taken by the Opposite Party to refund the value of one electric post Rs. 7,733/- and the transportation charge Rs.1,400/- . The act of the opposite Party is an absolute deficiency of service. There may be an order directing the Opposite Party to refund Rs.7,733/- which is excessively received from the Complainant along with the transportation expenses Rs.1,400/- met by the Complainant. The Opposite Party may also be directed to pay the amount with 18% interest. The Complainant is also entitled to get Rs.10,000/- towards the compensation. <br /> <br /> The Opposite Party filed version. The Complainant is a Consumer vide consumer No.9809 MEP and Rs.23,200/- was remitted on 02.01.2004 towards OYEC charges. <br /> The estimate of this service consist of 110 metre overhead time and 20 metre weather proof wire wing 3 numbers of electric post. Three electric posts were transported. The erection of the third electric post requires the cutting of trees of the near by land owner. The earnest request was objected afterward and in such a case the field staff drew the line erecting two posts and electric Supply was given to the complainant. The Opposite Party is ready to erect the third post as per the approved estimate. The averment in the complaint that Rs.1,400/- is spent by the complainant is incorrect. Upon remittance of OYEC amount amount, the board execute the work by all their means with respect to the petition given to the District Collector by the Complainant, a detail reply was given by the Deputy Chief Engineer, Electrical Circle, Kalpetta No. 7/Comp/04.05/ 578/ 30.7.04. The Opposite Party is not liable to compensate the Complainant. The Complainant has not sustained any loss or mental agony. The claim of the Complainant of Rs.7,733/- towards the price of the cost is also not correct. The Complainant has <br /> (Contd........ 3)<br /> 3 -<br /> remitted the amount by way of OYEC scheme. The Supply of electricity was effected in the scheme. There on the Complainant is not entitled to get back the amount mentioned in the complaint. The complainant is not entitled to get any relief and the complaint is to dismissed with cost.<br /> <br /> The points in consideration are:-<br /> 1.Is there any deficiency in service on the part of the Opposite Party?.<br /> 2.Relief and cost.<br /> <br /> Point No.1:<br /> The Complainant is examined as PW1. The Opposite Party is examined as OPW1. It is admitted that the amount charged and deposited by the Complainant for OYEC connection is Rs.23,200/-. The length of the line to provide electric supply is 110 metre, Rs. 23,200/- is remitted by the Complainant as the charge for OYEC connection which includes the cost of<br /> three posts. Apart from the erection of the third electric post, the other work is carried out by the Opposite Party. The contention of the Complainant that the expense towards the transportation of material are met by him is not supported by any evidence. The Complainant assessed the value of the unerected post as Rs. 7,733/- dividing the total remitted amount by three. It is pertinent to not that there is a considerable reduction in the amount leviable upon consumer. Any how as a Consumer the Opposite Party collected the price of the electric post which is not in use for the purpose. The Opposite Party on examination deposed that the third electric post could not be erected because of the objection. But the post which is still in the premises of the Complainant is nothing but a waste of money as far as the Consumer is concerned. Whereas the Opposite Party can make use of the third electric post for further use in supplying connection to some other parties. The non refund of the value of the electric post to the consumer is a deficiency in service. (Contd.......4)<br /> 4 -<br /> <br /> Point No.2:<br /> The amount claimed by the Complainant Rs. 7,733/- is not based on the actual price of the post. It is nothing but one third of the total amount Rs.23,200/-. The Opposite Party also deposed that because of non use of one electric post there will be proportionate reduction in expense paid by the Complainant. The Complainant is entitled for the refund of the price deposited for the unerected post and other expenses. The Opposite Party has to pay the price of the electric post and other to the Complainant. It is not brought out in evidence that the Complainant met the expense of transportation. The Complainant is also entitle for cost and compensation from the Opposite Party.<br /> <br /> In the result, the complaint is partly allowed the Opposite Party is directed to give the Complainant Rs. 7,733/- (Rupees Seven thousand Seven hundred and Thirty Three only) as the refund of the price of the electric post not erected along with other expense charged on the Complainant Rs.1,000/- (Rupees One thousand only) towards the cost. The Complainant is also entitled for Rs.1,000/- (Rupees One thousand only) towards the compensation. The amount is to be paid to the Complainant within one month from the date of this order.<br /> <br /> Pronounced in open Forum on this the 8th day of April 2008.<br /> <br />