THE KARNATAKA STATE CONSUMER DISPUTES
REDRESSAL COMMISSION, BANGALORE. (ADDL. BENCH).
DATED THIS THE 15th DAY OF JUNE 2021
PRESENT
SRI RAVI SHANKAR – JUDICIAL MEMBER
SMT. SUNITA C.BAGEWADI - MEMBER
APPEAL NO. 324/2021
1. Bangalore Electricity Supply company Limited,
Alahabad Bank Building, Sahakaranagara,
Bengaluru – 560 092, Rep. by its
Assistant Executive Engineer.
2. Bangalore Electricity Supply Company Limited,
Vigilance Department, No.297,
MNR Complex Basement, Sampige Road,
Malleshwaram, Bangalore – 560 003
Rep. by its Assistant Executive Engineer.
……….Appellants.
(By Shri/Smt. Prashanth T. Pandith, Adv.,)
-Versus-
Shri. K.G. Ashok Kumar
Aged about 60 years,
No.129, 6th Cross,
C.Sector, Amruthnagara,
Sahakaranagara Post,
Bengaluru-560 092.
:ORDERS ON ADMISSION:
BY SMT. SUNITA C. BAGEWADI - MEMBER
This appeal is filed by the appellant/Opposite Parties being aggrieved by the order dated:11.12.2020 passed by Bangalore Urban III Additional District Consumer Commission in C.C.No.138/2017.
2. The parties to the appeal shall be referred to as complainant and Opposite Parties respectively as per their rankings before the District Commission.
3. The brief facts of the complaint is that:-
The complainant submits that he had obtained temporary power connection to his house on 27/06/2012 which was in force till May 2014. Later on the temporary power supply was disconnected and on his application, once again temporary power supply to his house was restored on 19.05.2014. The complainant further submits that the Opposite Party refused to give permanent RR No. for permanent power supply stating that the complainant’s building is located under the 220 KV ETH Line. But there are number of commercial buildings behind his house are also located under the 220 KV ETH Line. The complainant has paid Rs.13,300/- to the Opposite Party as deposit, but RR number is not given to him. Later, he was forced to pay Rs.8,761/- for compounding charges. Accordingly, he has paid the amount of Rs.8,761/- on 29/10/2016. The complainant further submits that he has suffered inconvenience for not providing an order for RR number and non providing of RR number which is the deficiency of service and recovery of Rs.8,761/- from him is illegal. Hence, the complaint.
4. After receipt of the notice, the Opposite Party appeared before the District commission, Bangalore and filed the version contending that the complainant had submitted application for power supply for his constructed house i.e. 2 KW for ground floor and I KW for first floor. The complainant failed to furnish clearance certificate and adopted an unauthorized connection which was identified by the vigilance authorities on 24.10.2016. The Opposite Party further contended that the complainant has paid back billing charges of Rs.8,761/- without any protest and hence there is no deficiency of service and therefore prays to dismiss the complaint
5. After trial, the Bangalore Urban III Additional District Commission dismissed the complaint.
6. Being aggrieved by the said order, the appellant/Opposite Parties is in appeal on various grounds.
7. Heard argument of appellant on admission.
8. We have perused the impugned order passed by the District Commission, Bangalore and documents, it is an admitted fact that the complainant had submitted an application for power supply under LT2 Domestic Tariff for 2 Nos. for complainant’s constructed building i.e. 2 KW for ground floor and 1 KW for first floor respectively . But the Opposite Parties denied the deficiency of service on their part. The Opposite Parties contended in Lower Court in their objection that after inspecting the spot by Opposite Parties on 05/03/2016, it was noted, installation was situated exactly below the existing 66KV EHT transmission line. Hence, informed the complainant to submit clearance certificate issued by TL and SS Division. However, the complainant failed to furnish clearance certificate and adopted unauthorized connection which was identified by the vigilance authorities on 24.10.2016 and book a non cognizable case on the complainant and claimed back billing charges of Rs.8,761/- and the complainant has paid that amount without any protest.
9. The District Commission, Bangalore after perusal of Ex.P11, the report of Engineer of Opposite Parties with regard to the electric connection of building consisting of 3 floors which is clearly indicates that no HT/EHT line crossing the building, no long dis insulation partly electrified area and the District Commission came to the conclusion based on the report that the Opposite Parties failed to produce RR number to the electric connection to the house building of the complainant. The amount of Rs.8,761/- as back billing amount has been admitted by both the parties. There is no record to show that the complainant has paid the said amount under forest or threat. Hence, after discussion, we are of the opinion that the District commission, Bangalore has rightly awarded Rs.5,000/- towards compensation and Rs.2,000/- towards litigation for the delay on the part of Opposite Parties in providing power under LT2 Domestic Tariff to the building of the complainant. It is the duty of the Opposite Parties to give the power supply under LT-2 Domestic Tariff 02 numbers constructed building despite of the clear report of the Engineer of Opposite Parties. Moreover, there is no any letter issued by Opposite Parties to the complainant for production of clearance certificate. Mere fact that the Opposite Parties are told to produce clearance certificate will not big ground in not providing the LT2 Domestic Tariff for the complainant’s building. Hence, the order passed by the District Commission, Bangalore is legal and justified. No interference is necessary. We do not find any merit in this appeal. Accordingly,
:ORDER:
The appeal filed by the appellant/Opposite Parties is dismissed with no order as to costs.
The order dated:11/02/2020 passed by the Bangalore Urban III Additional District Consumer Commission in C.C.No.138/2017 is hereby confirmed.
The amount in deposit shall be transmitted to the District Commission to pay the same to the Respondent/complainant.
Send a copy of this order to both parties as well as Concerned District Commission.
Sd/- Sd/-
Member. Judicial Member.
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