Date   : 02.04.2013

Per Mr.K.B.Gawali, Hon`ble Member.

1.       This appeal is filed by original complainant Shri.Naresh Ganeshlal Rathod challenging the judgment and order dated 29.12.2007 passed by District Forum Nanded in C.C.No.263/2007.  Present respondent is the original opponent. 

2.       It is the case of appellant/org.complainant that as per scheme of State Government in respect of Zunka Bhakar Kendra, the Municipal Corporation Nanded had allotted him open land near bus-stand. That, he had constructed the room for which he received Rs.25,000/- Government aid and he spent Rs.35,000/- from his own pocket i.e. total expenditure incurred by him on the said construction was Rs.60,000/-.  Accordingly, he obtained electric connection from the respondent and cleared the electric bills up to 26.10.2007.  That, on 3.11.2007 he had requested the respondent electrical company to change electric meter. However instead of changing meter his electric supply was disconnected on 10.11.2007 onwards.  He therefore approached to District Forum seeking direction to the respondent electric company to restore his electric supply and also to pay him compensation towards mental agony and cost of complaint.

3.       Respondent appeared before the Forum and resisted the claim of the complainant.  It was contended that electric supply  given to the said Zunka Bhakar Kendra was temporary in nature. It was further contended that Government of Maharashtra vide it`s letter dated 6.6.2007 discontinued the said scheme and accordingly it had directed the Collectors to take the possession of the premises of all those Zunka Bhakar Kendra. Accordingly, concern Tahasildar took the possession of the said Zunka Bhakar Kendra on 4.8.2007 and the said premises were handed over to the Municipal Corporation, Nanded.  Hence appellant/complainant had no locus-standi or entitlement to claim restoration of electric supply. Thus it was contended  that by disconnecting electric supply there was no any deficiency in service  on the part of respondent. 

4.       District Forum after perusal of record and hearing the parties dismissed the complaint  by it`s impugned judgment and order.

5.       Aggrieved and dissatisfied with the said judgment and order present appeal is filed in this Commission by the original complainant.  Appeal was finally heard on 5.3.2013.  Appellant Shir.Naresh Ganeshlal Rathod was present in person, none was present for respondent.  Appellant filed written notes of argument and appeal was reserved for judgment and order.  However lateron Adv.Smt.Medhekar was present for  respondent.

6.       We have considered the papers before us and also written notes of argument as submitted by appellant.  From the perusal of the record it is clear that the Government of Maharashtra vide its common letter to all Divisional Commissioners and others dated 6.6.2007  has directed to take the possession of the premises of all the Zunka Bhakar Kendra.  In view of it`s resolution dt.27.6.2000 for closing the said scheme. Accordingly, as per direction given by the Government the Tahasildar, Nanded on the direction of the Collector took the possession of said Zunka Bhakar Kendra which was allotted to the appellant/complainant.  Hence appellant was no more owner and possessor of the said Zunka Bhakar Kendra and he was not entitled to claim for restoration of electric supply from the respondent.  It is thus clear that District Forum  after considering all these aspects has rightly dismissed the complaint . We do not find any substance in the present appeal and hence same needs to be dismissed. We therefore proceed to pass the following order.

                                                O   R    D    E    R

1.     Appeal is dismissed.

2.     No order as to cost.

3.     Record and proceedings be sent back to the District Forum.

4.     Copies of the judgment be issued to both the parties.

Pronounced on dt.02.04.2013