IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOTTAYAM
Dated this the 13rd day of May, 2022
Present: Sri. Manulal V.S. President
Smt. Bindhu R, Member
Sri. K.M. Anto, Member
C C No. 228/2019 (filed on 16-12-2019)
Petitioner : Deepak Radhakrishnan,
S/o. P.K. Radhakrishnan,
Con. No.1146288013782
129 B 442
Prakkattu Villa,
Opp. Little Flower Churuch,
Old M.C. Road, Perumpraikad P.O.
Samkranthi, Kottayam – 686016.
Vs.
Opposite Parties : 1) Assistant Engineer,
K.S.E.B. Gandhinagar Section,
Kotayam.
(Adv. Deepthy S. Nath and Adv. Majeesh P.B.)
2) Chief Engineer,
K.S.E.B. Gandhinagar Section,
Kottayam.
O R D E R
Sri. Manulal V.S. President
Complainant is a tenant in the address stated in the complaint. It is alleged in the complaint on 31-7-2019 morning due to high voltage in power supply the board of the complainant’s inverter, adaptor of lap top and two fans were got damaged. According to the complainant immediately after the incident he had filed petition before the chief engineer KSEB, Gandinagr with the consent of his house owner. But no action was taken by the opposite parties. The complainant is a blind man and living with the help of the others. The complainant alleged that opposite parties were taking hostile attitude towards him. As a result of the attitude of the opposite parties, the complainant suffered severe mental agony. Hence the complaint.
The opposite parties filed version and contended before the commission that service connection bearing no. 13782 has been effected to the name of one John Philip, Prakkattu Villa, Perumbaikkadu. On 7-8-2019, a complaint was filed on to the office stating the petitioners house hold equipments were damaged due to sudden hike in the voltage in the morning on 31-7-2019. On receipt of complaint from the petitioner on 7-8-2019 the Sub engineer inspected the premises and there were no damaged items at the inspection time and the petitioner has stated that he had replaced all damaged households during the next day. On detailed enquiry it is seen that the internal protective equipments such as ELCB in that premises was faulty. The repair and maintenance of the service line up to metering point is the responsibility of the KSEB and the rest of the internal wiring installation, repair and maintenance should be done by the consumer itself. There are 5 service connections including the service connection of John Philip are connected to the same post of St. Thomas transformer. The sub engineer inspected all the above connections and enquired about the high voltage problems. They have no such damages happened as stated in the petition. The protective equipments of all other connections were seen under working conditions. There was no voltage fluctuations were reported during that day for other consumers in that locality of the same transformer. There is no deficiency in service on the part of the opposite party.
Before this commission both parties filed affidavit. Exts.A1 to A4 was marked on the side of the complainant and Exts.B1 to 4 were marked on the side of the opposite parties.
On evaluation of complaint, version and evidence on record we would like to consider the following points?
- Whether there is any deficiency in service on the part of the opposite parties?
- If so what are the reliefs and costs?
For the sake of convenience, we would like to consider Point No.1 and 2 together.
Point No.1 and 2
Admittedly the complainant is the beneficiary of the service connection provided to John Philip, Prakkattu Villa, Perumbaikkadu, who is a consumer of the opposite parties. The grievance of the complainant is that his house hold equipments were damaged due to sudden hike in the voltage in the morning on 31-7-2019. According to the complainant his lap top adaptor, invertor board and winding of the fans were damaged. Exhibit A1 is the complaint lodge by the complainant before the second opposite party on 7-8-2019 stating the unfortunate incident. Exhibit A3 is the reply sent by the customer care of V –Guard to service request lodged by the complainant. It is proved by exhibit A4 that the complainant had spent Rs. 1,500/- as the cost of Adaptor Dell 45W on 31-7-2019.
The definite contention of the opposite parties is that there are 5 service connections including the service connection of to the apartment of the complainant are connected to the same post of St. Thomas transformer and no complaint of voltage fluctuations by other consumers in the locality. Exhibit B2 is the report filed by the sub engineer on 7-8-2019 after the inspection of the complainant’s premises. In exhibit B2 it is stated that there was no complaints from the other consumers of the same locality regarding the high voltage fluctuations on 31-7-2019. ExhibitsB3 and B4 are the copy of the statements given by one Devaky who is residing in the premises of consumer no. 13783 and Rajesh Mathew who is residing in the premises of consumer no. 9978 respectively. Both of them stated that there was no voltage fluctuation on 31-7-2019 and they have not suffered any damage due to the voltage fluctuation on 31-7-2019. Moreover, it is pertinent to note that the complainant has not produced any evidence before this commission that his laptop adaptor and inverter board and winding of the fans were damaged due to the high voltage fluctuation. On the close evaluation of available evidence we are of the opinion that the complainant failed to prove that there was a high voltage fluctuation on 31-7-2019 and his household equipments were damaged due to such voltage fluctuation. We are of the considered opinion that the complainant failed to prove any deficiency on the part of the opposite party and the complaint is liable to be dismissed. Hence the complaint is dismissed.
Pronounced in the Open Commission on this the 13th day May, 2022
Sri. Manulal V.S. President Sd/-
Smt. Bindhu R, Member Sd/-
Sri. K.M. Anto, Member Sd/-
Appendix
Exhibits marked from the side of complainant
A1- Copy of contract dtd.1-05-19 between John Philip and Deepak Radhakrishnan
A2 – Copy of letter dtd.07-08-19 by petitioner to 2nd opposite party
A3 – E-mail communication dtd.31-07-2019
A4 – Copy of tax invoice dtd.31-07-19
Exhibits marked from the side of opposite party
B1 – Copy of letter dtd.07-08-19 by petitioner to 2nd opposite party
B2 – Report dtd.07-08-19 by Biju M.D. Sub Engineer, Electrical Section,
Gandhinagar
B3 – Statement given by Consumer No.13783 dtd.28-09-2019
B4 - Statement given by Consumer No.9978 dtd.28-09-2019
By Order
Assistant Registrar
