(Per Shri Dhanraj Khamatkar, Hon’ble Member)
(1) This appeal takes an exception to an order dated 01/02/02005 passed by District Forum, Kolhapur in Consumer Complaint No.289/2002.
(2) The facts leading to this appeal can be summarized as under:-
The complainants Nos. 2 to 12 are the trustees of the complainant No.1. They are getting electricity supply through meter No.2665103636 04-3/06-3106-1620/11. The complainants were getting the bills of the electricity supply from the opponent and they used to pay the same regularly. There were differences amongst the trust members and some of the people started taking duplicate bills from the opponent and paying electricity charges. The complainants informed the opponent not to issue duplicate bills. However, the opponent has not stopped issuing duplicate bills. The complainant alleging that because of duplicate bills there is a loss of `1 lac to the complainant. Hence, they filed consumer complaint praying that the opponent be directed to stop the electricity supply.
(3) The opponent has contested the complaint and pleaded that they have no knowledge that the complainant is a public trust. They further contented that from the complaint for the first time they came to know that there are two groups. The opponent denied that because of this, loss of `1 lac occurred to the complainant. The opponent is interested only in the bills. They are not interested in the differences of the trustees of the complainant. The opponent further stated that there is not deficiency on the part of the opponent and hence prayed to dismiss the complaint.
(4) The District Forum after going through the pleadings of both the parties and evidence adduced by both the parties came to the conclusion that there is no deficiency on the part of the opponent and dismissed the complaint by order dated 01/02/2005. Being aggrieved by this order, the original complainants filed this appeal.
(5) The appeal is pending in the Commission and it was placed before us on 20/09/2011. We directed the office to issue notices to both the parties. Accordingly, notices are issued on 03/11/2011 fixing date of hearing on 05/12/2012. Today, both the parties are absent. Hence, we proceeded to decide the appeal on merit.
(6) We have gone through the complaint, evidence filed by both the parties and order passed by the District Forum, Kolhapur. Prima-facie, we find that there is no deficiency on the part of the opponent. The complainants have prayed for discontinuing the electric supply and not to accept the bills from other persons requesting to disconnect the electric supply is a strange prayer. The appellants miserably failed to prove the deficiency in service on the part of the respondent/original opponent. We find that the order passed by the District Forum is just and proper and there is no merit in the appeal. We hold accordingly and pass the following order.
ORDER
(1) Appeal is dismissed. The order dated 01/02/2005 passed by the District Forum, Kolhapur in Consumer Complaint No.289/2002 is hereby confirmed.
(2) Inform the parties accordingly.
Pronounced on 5th December, 2011.
