Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Smt. Karishma Mandal
Member
(3) Anil Kumar Singh
Member
Date of Order : 24.10.2018
Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite parties to return 400 Ft. 3/20 copper wire and to reduce electric connection from 5 Kw to 2 Kw.
- To direct the opposite parties to pay Rs. 75,000/- for physical and mental harassment.
- To direct the opposite parties to pay Rs. 20,000/- as litigation cost.
- The facts of this case lies in a narrow compass which is as follows:-
The complainant has asserted that he had electric connection bearing no. 131678 with meter no. 395788 in his house which is situated in Danapur Pramandal. It has been further stated that complainant had three phase connection for which copper wire of 3/20 with plastic cover upto 400 Ft. was provided by the complainant himself to opposite party no. 2 for giving electric connection referred above.
The grievance of the complainant is that suddenly on 30.10.2007 opposite party no. 2 Executive Engineer, Danapur Pramandal (PESU) Danapur, Division Sheikhpura and other opposite parties suddenly disconnected the electric connection from the house of the complainant and also took away the copper wire which was provided by the complainant to opposite party at the time of extending electric connection in his house.
It is further case of the complainant that due to aforesaid conduct of opposite parties the complainant was very much shocked and became heart patient.
It is also case of the complainant that only to harass the complainant the opposite parties had erected a pole in front of gate of his house which was opposed by the complainant but no action has been taken.
It is further case of the complainant that he has filed an application on 24.09.2004 to opposite parties to reduce the load from 5 Kw to 2 Kw and despite completing all formalities upto 28.12.2004 the load had not been reduced.
From record it appears that earlier this case was dismissed for non prosecution but as per order dated 30.10.2009 of the Hon’ble State Commission passed in Appeal no. 16/09 this case was heard and was admitted and when despite notice the opposite parties neither appeared nor filed written statement then this case was heard ex – parte.
As the aforementioned fact has been stated by the complainant on oath and there is no counter version of the opposite parties hence we have no option but to rely on the aforementioned assertion of the complainant which clearly disclose deficiency on the part of opposite parties.
We therefore direct the opposite parties to reduce the load of house of the complainant from 5 Kw to 2 Kw w.e.f. 28.12.2004 within the period of two month from the date of receipt of this order or certified copy of this order.
Opposite parties are further directed to pay Rs. 10,000/- ( Rs. Ten Thousand only) to the complainant by way of compensation and litigation cost within the period of two month.
Accordingly, this complaint stands allowed to the extent referred above.
Member Member (f) President
