Andhra Pradesh

Vizianagaram

CC/76/2013

V.CHANDRASEKHAR RAO - Complainant(s)

Versus

G.BHAVANI - Opp.Party(s)

SRI J.BHEEMASENA RAO

14 Nov 2014

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM- VIZIANAGARAM
(UNDER THE CONSUMER PROTECTION ACT, 1986)
 
Complaint Case No. CC/76/2013
 
1. V.CHANDRASEKHAR RAO
S/O LATE SUBRAMANYAM, ADVOCATE, 3RD FLOOR, FLAT NO.6, SAMPATH APARTMENTS, MAHARAJPETA, BOBBILI
VZM
AP
...........Complainant(s)
Versus
1. G.BHAVANI
LAKSHMI JEWELLERS, MAIN ROAD, BOBBILLI
VZM
AP
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. JUSTICE T SRIRAMA MURTHY M.A.,L.L.B. PRESIDENT
 HON'BLE MR. G APPALA NAIDU M.COM.,MBA,PGDCS,B.L.,PGDMVO MEMBER
 
For the Complainant:SRI J.BHEEMASENA RAO, Advocate
For the Opp. Party:
ORDER

      This complaint is coming on for final hearing before us in the presence of SRI J. BHEEMASENA RAO, Advocate for the complainant and SRI M.JAGANNADHA RAO, Advocate for the Opposite Party, and having stood over for consideration, the Forum made the following:-

 

O R D E R

AS PER SRI T.SRIRAMA MURTHY, PRESIDENT

 

This complaint is filed U/s 12 of Consumer Protection Act, 1986, seeking reliefs to direct the Opposite Party to attend before the ADE, APEPDCL., Bobbili and to sign on transfer form and to get Service Connection bearing No.17723 transferred in the name of the complainant and to pay Rs.15,000/- towards damages for causing mental agony to the complainant on the following averments:-

The OP constructed G + 4 building in the name and style of Sampath Apartments and the complainant purchased a Flat No.6 in the 3rd floor under a sale deed dated      18-10-2012. The Electrical service connection bearing No.17723 of the said flat stands in the name of the OP. The complainant submitted all papers before the Customer Service Centre, APEPDCL, BOBBILI along with transfer application form to get the same transferred in his name. The OP had to subscribe her signatures on the transfer application form in presence of ADE, APEPDCL., Bobbili. The Complainant requested the OP to come and subscribe her signature on the transfer application but of no avail. The complainant got issued a notice through his Advocate to the OP, calling upon her to come and sign the transfer application, but to no effect. The OP being the builder of the Apartment, did not provide certain amenities, upon which, the complainant and 2 others filed C.C.11/13, seeking the relief to direct the OP to provide the amenities. Since, the above said case was filed against the OP, she bore grudge on the complainant and did not sign on the transfer application form in the presence of ADE. The complainant suffered mental agony and discomfort by the act of Ops. Since, there is dereliction of duty and deficiency in service on the part of the OP, the Complainant was constrained to file the complaint for the above said reliefs.

The Opposite Party filed counter, traversing the material allegations made in the complaint and has averred that she sold the apartment to the complainant in the year 2012 through a registered sale deed and the latter took possession of the flat and is in possession of the same. It is averred that it is the duty of the complainant to get the service connection transferred in his name by approaching competent authorities and the OP has no objection to get it transferred is his name. It is averred that the complainant did not approach the OP and did not make a request to sign on the required papers to get the service connection transferred. It is averred that the OP did not receive any notice from the complainant in this regard and as the complainant did not approach her to get the service connection transferred, she is not in  dereliction of her duty and as there is no deficiency of service on her part, the complainant merits no consideration and is liable to be dismissed.

In furtherance of complainants’ case, the affidavit evidence of complainant is filed and Exhibits A1 to A5 are marked on his behalf. Per contra, the OP filed affidavit evidence of RW1 and did not choose to mark any documents on her behalf.

Perused the material placed on record and heard the arguments on behalf of the respective parties.

Now the point for consideration is, whether the complainant is entitled to get the reliefs prayed for?

It is the special contention of the complainant that he has purchased the flat No.6 in 3rd floor of the apartment constructed by the OP through a registered sale deed and is in possession of the same and as the service connection is in the name of the OP, he made several requests to the OP to subscribe her signature on the transfer application form and as the OP did not pay any heed to the request of the complainant he was constrained to file this complaint.

In the counter of OP, she has specifically admitted about the purchase of the above said flat by the complainant through a sale deed and has taken a plea that the complainant did not approach her and did not make a request to get the service connection transferred in his name. In the counter, it is further averred that she has no objection to get the service connection transferred in the name of the complainant.

As seen from the above said pleadings of the respective parties and contents of affidavit evidence, it is clear that the complainant purchased the flat under original of Exhibit A1 sale deed for consideration on 18-12-12. As seen from Exhibit A2, the complainant submitted an application along with required documents to the APEPDCL to get the service connection transferred in his name. Exhibit A3 is the copy of registered letter dated 19-09-2013 and Exhibit A5 is the registered lawyers notice and as seen from its contents, the complainant made a request to the OP to sign on transfer application in presence of ADE, APEPDCL., Bobbili. Exhibit A4 is the registered cover, containing the copy of notice sent to the OP. Since, the above said notice was sent to the correct address of the OP, an inference can be drawn to the fact that the OP having knowledge about the contents of said notice, has avoided to receive the same. If really, the OP is true in her contention, that the complainant did not approach her to get the service connection transferred in his name, the complainant had no necessity to issue registered notice calling upon her to sign on the transfer form and to file the complaint in this Forum.

Since, there is consistency in the contents of complainant and documents filed into the forum, we are of the considered opinion that the OP has deliberately avoided to sign on the transfer form in the presence of ADDE and a such, there is deficiency in service on her part.

The OP in her counter has clearly  stated that she has no obligation to get the Electrical Service Connection transferred in the name of the complainant, we deem  it fit to direct her to attend before the ADE and to sign on transfer application to transfer the service connection in the name of the complainant.

In the result, the complaint is allowed in part and the OP is directed to attend before ADE, APEPDCL, Bobbili and to sign on transfer application form to get the said service connection transferred in the name of the complainant and as she caused inconvenience to the complainant to get it transferred, the OP is directed to pay a sum of Rs.1,000/- (Rupees one thousand) towards damages and to pay Rs.500/- (Rupees five hundred only)towards costs of the complaint.

The OP is directed to comply the order within 15 days from today.

Dictated to the Steno, transcribed by him, corrected by me and pronounced by us in the open Forum, this the 14th day of November, 2014.

 

MEMBER                                  PRESIDENT

C.C.No.76/2013

 

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

 

 

For complainant:-                   For opposite parties:-

 

PW 1                               RW 1

                                  

 

 

DOCUMENTS MARKED

 

For Complainant:-

 

EXHIBITS

DATE

DESCRIPTION OF THE DOCUMENT

REMARKS

A-1

18-10-2012

Registered sale deed

  Photocopy

A-2

28-02-2013

Transfer application form along with requisite documents

Photocopy

A-3

19-09-2013

Registered letter

Photocopy

A-4

 

Returned covers 2Nos.

Original

A-5

-

Registered Lawyer’s Notice

Office copy

 

 

For Opposite Party:-         -nil-

 

 

 MEMBER                                       PRESIDENT   

 
 
[HON'BLE MR. JUSTICE T SRIRAMA MURTHY M.A.,L.L.B.]
PRESIDENT
 
[HON'BLE MR. G APPALA NAIDU M.COM.,MBA,PGDCS,B.L.,PGDMVO]
MEMBER

Consumer Court Lawyer

Best Law Firm for all your Consumer Court related cases.

Bhanu Pratap

Featured Recomended
Highly recommended!
5.0 (615)

Bhanu Pratap

Featured Recomended
Highly recommended!

Experties

Consumer Court | Cheque Bounce | Civil Cases | Criminal Cases | Matrimonial Disputes

Phone Number

7982270319

Dedicated team of best lawyers for all your legal queries. Our lawyers can help you for you Consumer Court related cases at very affordable fee.