IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Monday the 02nd day of March, 2020.
Filed on 30-08-2017
Present
- Smt. Sholy P.R, B.A.L,LLB (President-in-charge)
- Smt.C.K.Lekhamma, B.A, LLB (Member)
In
CC/No.229/2017
between
Complainant:- Opposite party:-
Smt.T.K.Vimalamma 1. KSEB, Represented by
W/o K.K. Mohanan Asst. Executive Engineer
Karthika Veedu Chennithala
Thripperunthura Muri
Thripperunthura Village 2. The Asst.Engineer
Mavelikkara KSEB., Chennithala
(By Adv.Jacob Oommen)
O R D E R
SMT.SHOLY P.R (PRESIDENT-IN-CHARGE)
The case is based on a consumer complaint filed under Sec.12 of the Consumer Protection Act, 1986.
2. The averments in the complaint in short are as follows:-
The complainant is a retired H.M of elementary school. She is the owner of property comprised in resurvey number 126/2-17 of Tripperunthura Village having an extent of 16.04 ares and T.P number of the same is 5238. The complainant constructed a new shed in the above said property and Tripperunthura Panchayat allotted building No.254A/XIV. An electric connection was sanctioned in that shed by remitting a total amount of Rs.7,500/- (Rs.1000+ 6500) on application of the complainant as consumer No.15121. However on 23.06.2017, the opposite parties issued a notice for disconnecting the electric connection in consumer No.15121 under Sec.138 (1)(B) of Electricity Regulation Act alleging that the documents produced before panchayath for getting building number is fabricated one. At the time of submitting the copy of the actual documents authorities concerned has obtained the signature of the husband of the complainant in some white papers. But it is understand from the notice issued by the opposite parties that the electric connection in consumer No.15121, Chennithala sub division in the name of complainant will be disconnected for protecting some personals without any substantial reasons or support of any document. Hence this complaint.
3. The opposite parties resisted the complaint by filing a joint version raising the following contentions:-
The complaint is not maintainable either in law or on facts. The service connection given to the complainant is under the tariff of commercial purpose, hence the complaint is not maintainable before this Forum. On 13.06.2017 the second opposite party has installed electric connection to the complainant and allotted a consumer No.15121 after visiting the location on the basis of the application submitted by the complainant dated 06.06.2017 under commercial tariff. Thereafter on 21.06.2017 the former secretary of Chennithala Grama Panchayath has obtained the documents submitted by the complainant along with the application through RTI Act. On the basis of that on 26.06.2017 the second opposite party received a letter from the secretary, Chennithala Grama Panchayath requesting to disconnect the electric connection allotted to the complainant by submitting possession certificate of building No.257A in Ward No.14 of Tripperunthura Grama Panchayath by fabricating the signature of the former panchayath secretary, Sri.Mohan Kumar G. Thereafter on 23.06.2017 the second opposite party issued a letter to the complainant for explaining reason regarding the above facts otherwise the electric connection in consumer No.15121 will be cancelled and on 24.06.2017 the said letter has received by the husband of the complainant and thereby he filed an application to the second opposite party for disconnecting the said electricity connection on behalf of the complainant. As per this application on 03.07.2017 the said electric connection was disconnected. The complainant did not submit any documents to the opposite party. The opposite parties denied the contention of the complainant that they were obtained the signature of the husband of the complainant in the office. On the basis of the complaint filed by the secretary, Tripperunthura Grama Panchayath the local Police has been conducting investigation against the complainant and her husband regarding the making of alleged fraudulent document. The building got electric connection is constructed for the purpose of godown facility and the land in which the said building constructed is lies under the classification of nilam and thereby in that property the construction of building is not allowable and by way of obtaining fabricated document and by illegal construction the complainant cheated the panchayath and electricity board and filed this complaint by suppressing all the material facts and thus the complaint is liable to be dismissed with cost.
4. In view of the above pleadings the points that arise for consideration are:-
- Whether there is any deficiency in service or any unfair trade practice on the part of the opposite parties.
- Whether the complainant is entitled to get compensation and costs as claimed in the complaint.
- Reliefs and costs.
- Evidence on the side of the complainant consists of oral evidence of PW1 and Ext.A1 series, Ext.A2, Ext.A3, Ext.A4 series, Ext. A5, Ext.A6, Ext.A7 series, Ext.A8 and Ext. A9. Opposite party has not adduced any oral evidence. Complainant filed notes of arguments. Heard both sides.
- Point No.1 & 2
For avoiding repetition of discussion of materials these 2 points are considered together. Admittedly the complainant has got an electric connection under commercial tariff in the shed having No.254A/XIV of Tripperunthura Panchayath owned and possessed by the complainant after remitting fees levied under statute and opposite party allotted connection in consumer No.15121. Primarily the opposite parties avered in 3rd paragraph of version that they were allotted the electric connection to the complainant after visiting the alleged property of the complainant on applications submitted by the complainant along with documents liable to be produced and remitted the entire fees as per the provision. According to the complainant she has remitted a total amount of 7,500 for getting the said electric connection in the category of commercial tariff. Thereafter the opposite parties contented that the above electricity connection was obtained by the complainant by producing fabricated documents from the panchayath thereby the complainant cheated the panchayath and opposite parties. The opposite parties also contented that the property in which the alleged shed situated is even in the classification of nilam and hence it is not eligible for building construction. Even though the opposite parties listed some documents pertaining to the contentions against the complainant they have not adduced any documentary evidence as indicated above to prove that the complainant obtained the electric connection by submitting fabricated documents from any authority. Moreover on perusal of Ext.A4 series and Ext.A5 it is revealed that the property in which alleged shed is constructed is not included in the data bank and the same is nilam nikarthu/ dry land and suitable for construction of building. All the material evidence produced before this Forum regarding the ownership of the property stated above are not opposed or disproved by the opposite parties while it was taken his evidence when the PW1 is mount in the box. Hence we are inclined to accept the claim of the complainant and thus we are of the opinion that the complainant obtained the electric connection having consumer No.15121 of Chennithala electric section is lawful and the opposite parties have no right to disconnect the said electric connection. The earlier disconnection of electric connection is covered under the deficiency in service on the part of the opposite parties. So the electric connection reinstalled by the order in IA No.50/17 is liable to be made absolute and the opposite parties are restrained from disconnecting the electric connection allotted in consumer No.15121 of Chennithala sub division.
- The counsel for the opposite parties argued that a FIR was registered against the complainant and remanded to Jail in connection with fabricating the document for getting electric connection. In our opinion as far as the facts and circumstances of this complaint is concerned the said matter is not liable to be considered in evidence of this complaint. Moreover the matter is pending before the court concerned and is to be decided finally. In the circumstances regarding the reliefs of compensation and cost the same will not be stand at this juncture. These 2 points answered accordingly.
Point No.3
In the result the complaint stands allowed in part. The order passed in IA No.50/17 is made absolute and also the opposite parties are restrained from disconnecting the electric connection allotted in consumer No.15121 Chennithala sub division. The relief of compensation not allowed. No order of cost.
Dictated to the Confidential Assistant, transcribed by her corrected by me and pronounced in open Forum on this the 02nd day of March, 2020.
Sd/-Smt. Sholy P.R (President-in-charge) :
Sd/-Smt.C.K.Lekhamma (Member) :
Appendix:-
Evidence of the complainant:-
PW1 - Mohanan K.K (Witness)
Ext.A1series - Copy of receipt dtd 09.06.2017 (2 Nos.)
Ext.A2 - Copy of notice dtd 23.06.2017
Ext.A3 - Reply notice dtd 29.06.2017
Ext.A4 series - Copy of certificate dtd 21.06.1997 (3 Nos.)
Ext.A5 - Copy of mahazor
Ext.A6 - Certificate from thripperunthura village office
Ext.A7 series - Copy of receipt and complaint (3 Nos.)
Ext.A8 - Application to the Deputy Director of panchayath
Ext.A9 - Medical Certificate
Evidence of the opposite parties:- Nil
// True Copy //
To
Complainant/Oppo. party/S.F.
By Order
Senior Superintendent
Typed by:- Sa/-
Compared by:-
