For the Petitioner : Mr. J.P. Sharma, Advocate Petitioner, who was opposite party No.1 before the District Forum developed a colony ‘Raksha Vihar’ for the army personnel. There were 1627 plots in the colony. Respondents purchased one plot each in the colony. Out of the total plots, 36 plots were constructed. Respondents/complainants filed complaint before the District Forum alleging that basic facilities were not made available. Supply of water and electricity were inadequate. Roads were incomplete. A direction -2- was sought to be issued to the petitioner to complete the roads and to ensure adequate supply of water and electricity. Rs.50,000/- were claimed by way of compensation. Petitioner on being served entered appearance and contested the complaint by filing separate replies. It was contended that the development in the colony had been done as per plan and asphalation of the roads had been deferred pending completion of the construction of the houses in the colony. The electricity Board-opposite party No.2 had contended that the electricity in the colony was being supplied by a rural feeder as the colony was located outside the urban agglomeration, because of which the colony is subject to usual power cuts and load shading in the rural area. It was also submitted that to make provision for supply of the electricity from urban feeder, estimate of Rs.7.48 Lakh had been submitted to the opposite party No.1 i.e. petitioner and it was on the opposite party- petitioner to provide the funds to get the infrastructure developed in the colony. After going through the pleadings and the entire evidence led by the parties, District Forum allowed the complaint and directed the Electricity Board to provide regular electricity to the residents of the ‘Raksha Vihar’ Colony. Direction was issued to the petitioner to construct the roads and to provide drinking water from upper lake or any other -3- nearest source of drinking water as per the scheme. Compensation of Rs.20,000/- to each of the complainants was also awarded with cost of Rs.1,000/- to each of the complainants. Opposite parties filed separate appeals before the State Commission. State Commission reduced the compensation to Rs.10,000/-. Rest of the order of the District Forum was upheld. Petitioner was directed to complete the road works at least in the area where the houses were constructed within six months from the date of communication of order and maintain the supply of water and electricity. Counsel for the petitioner states that roads have been completed. Infrastructure for supply of the electricity and water has been created and water and electricity are being supplied to the respondents. He further states that sum of Rs.10,000/- has also been paid to the respondents. Learned counsel for the respondents alongwith Lt. Col. D.S. Jasrotia, who is appearing in person in Court, submits that roads have been constructed and at the moment there is adequate supply of electricity and water. The only contention raised by the learned counsel for the petitioner is that the State Commission has erred in observing that the petitioner -4- with respondent- V.V. Company is jointly responsible to ensure adequate supply of electricity in the colony. Petitioner has provided the infrastructure. The electricity has to be supplied by the M.P. Madhya Kshetra Vidyut Vitran Co. Ltd. Opposite party No.2 should ensure the supply of electricity as directed by the State Commission. With these observations, the revision petition is disposed of. |