Dated:25.11.2022

ORDER

BY Mr. K. B. SANGANNANAVAR: Pri. Dist. & Session Judge (R)- JUDICIAL MEMBER

1. This is an appeal filed by complainant in CC/38/2012 on the file of District Consumer Disputes Redressal Forum, Bidar aggrieved by the order dated 20.10.2012.

2. Commission examined grounds of appeal, impugned order, appeal papers and heard learned counsels.

3. The Forum below dismissed the complaint on the ground that complainant had failed to establish that he is the consumer having RR number to avail electricity service from OPs no.1 and 2.  In this regard learned counsel for OP/respondent submits that Forum below has rightly dismissed the complaint, appreciated all the materials on record as the complainant had failed to prove, sugarcane crop was burnt due to fire sparks due to short circuit from transformer of OPs.  If we examine impugned order, could see Forum below failed to appreciate Ex.P2, a certificate issued by village accountant certifying that borewell is situated in the land belonging to complainant, yet could not find any reference made in respect of availed electricity service from OPs.  The Forum below held, complainant had failed to establish such fact despite grant of sufficient time.  However, in our view Forum below failed to appreciate Ex.P2 issued by village accountant being the vital document.  The Forum below accepted the version of OP and held complainant is not a consumer.  In our view, Ex.P2 the certificate issued by village accountant, Rajgeera Village certifying that the borewell is situated in the land of complainant was not considered.  Hence we proceed to allow the appeal, consequently set aside the order dated 20.10.2012 passed in CC/38/2012 by District Consumer Disputes Redressal Forum, Bidar.  Consequently remanded back the matter to re-examine the complaint case affording opportunity to both parties as early as possible not later than three months.

4. Remit back the LCR to the District Commission.

5. Send a copy of this Order to the District Commission and parties to the appeal.

        Lady Member                          Judicial Member

*GGH*