ORDER

(Passed on  12/09/2018)

PER SHRI.ATUL D.ALSI, PRESIDENT.

The complainant has filed this complaint U/s 12 of the Consumer Protection Act,1986 against the non installation of electric connection to the agricultural field of the complainant which caused loss of income and mental torture to the complainant.

3. The facts in short giving rise to this petition are that the complainant is an agriculturist having agricultural land at Mouza Yerkheda, Tah.Warora, Distt.Chandrapur admeasuring 1.60 H.R. bearing field survey No.14/1. The complainant had applied for 3 H.P.electric supply connection to the motor pump in his agriculture field. Accordingly, the OP issued test report on 13/10/2014. The complainant then deposited Rs.1700/- as per demand note dated 11/2/2015 issued by the OP. Thereafter, the complainant several times, requested for installation of new electric connection and each time the OP issured to provide supply, but no connection was installed. Therefore, the complainant issued legal notice through advocate Mr.Fulzele on 8/3/2016, however, despite receipt of notice, the OP did not comply the same.  Hence the present petition has been filed praying for direction to the OP to provide electric connection to the complainant’s field within 7 days, and further to pay Rs.10,000/- towards compensation for mental and physical loss and Rs.10,000/- towards cost of proceeding.

6.       The complaint is admitted and notice was served on the OP. The OP filed its reply and thereby denied allegations against it and submitted that the complainant has already filed a Civil Suit against the Gram Panchayat, Yerkheda and the OP bearing Civil Suit No.68/2016 and the subject matter of the said petition is similar to that of the present complaint.  Therefore, the complaint before the Forum can not be filed. The complainant is seeking electric connection to his motor pump fitted on the well which is situated on a government land. The complainant, despite several requests, failed to submit ownership documents of the said land on which the well is situated and hence the electric connection could not be installed. The complainant is at liberty to take back his deposit amount and this was communicated to the complainant.  The dispute is a Civil Dispute and as such, the Forum has no jurisdiction to try the same. There is no negligence or deficiency in service on the part of OP and hence the present petition deserves to be dismissed with cost.

7.      The OPs have admitted in their reply the execution of agreement to sale on 1/3/2014 between the OP No.1 and complainant and receipt of Rs.57,500/- as earnest money out of the total consideration of the plot of Rs.1,70,000/-. The OPs also submitted that whenever the OPs called the complainant to get the sale deed executed, the complainant made some excuses and never turned up for sale deed. Hence the complaint deserves to be dismissed with cost.

8.       The Counsel for the complainant argued that he had supplied all relevant documents including the documents pertaining to ownership of land at the time of making application and spot verification. After verification of all the documents and inspection of the spot only the OP issued demand notice and accordingly the complainant has deposited Rs.1700/- on 11/2/2015 with the OP. He submitted that prayer clause of the Civil Suit is different from the prayer clause in the present petition and hence there is no bar on this petition. The OP refused to install the electric connection due to political pressure from Gram Panchayat. Therefore, rejection of installation of new electric connection amounts to deficiency in service. Hence he prayed for allowing the complaint. 

9.         Counsel for the OPs argued that the Civil Suit in respect of same subject matter is pending before the Civil Court and therefore the present petition is not tenable. The complainant failed to submit ownership documents after spot inspection.  Therefore, denial of electric connection after objection by the Gram Panchayat does not amount to deficiency in service. The complainant has not come before this Forum with clean hands. The complainant has filed Civil Suit claiming direction not to interfere with the possession of the complainant by the OP. The nature of this petition is Civil dispute and it requires evidence and interpretation of documents which could not be done under the summery proceeding. Therefore, the proper Forum to adjudicate the matter is the Civil Court. Hence the Forum has no jurisdiction to entertain the complaint and it deserves to be dismissed.

10. We have gone through the complaint, written version filed by OP,  affidavit, documents and WNA filed by the parties. We have also heard the oral arguments advanced by parties.

                    Points                                                                                     Finding

1. Whether the complainant is a Consumer ?                                      Yes

2.  Whether  the Forum has jurisdiction to entertain

     the complaint ?                                                                              Yes

3.  What order ?                                                                   As per final order..

As to issue No.1

11.      The complainant has deposited Rs.1700/- as per demand note. Therefore the OP has sanctioned the electric connection  as per proposal  of the complainant. Hence there is consumerable interest between the parties. Therefore the complainant is a consumer within the meaning of Section 2(1) D of Consumer Protection Act,1986. and hence the issue is decided accordingly.

As to issue No.2

12.        The subject matter of the present complaint and the subject matter of the Civil Suit are different. The prayer clauses are different and the relief sought therein are also different. The subject matter of Civil Suit is ‘Not to disposes the complainant from peaceful possession of field and well situated in his field and the subject matter of present petition is non installation of electric connection to the motor pump on his well. Therefore the Forum has jurisdiction to entertain the petition and hence the issue is decided accordingly.

As to issue No.3

    The complainant has applied for new electric connection for the motor pump in his agricultural field. The test report has been prepared by the OP on 13/10/2014 by the OP and the demand note came to be issued and accordingly, the complainant has deposited Rs.1700/- on 11/2/2015. However, the new electric connection has not been installed till 8/3/2016. Therefore the complainant issued legal notice through Adv. Mr.Fulzele on 8/3/2016, however, the OP refused to provide new electric connection to the complainant  saying  that   the well is situated at a public place and not in the field of complainant and already one electric connection has been installed in favour of Gram Panchayat on 16/5/2016 at the same place, and as such, another electric connection could not be issued and this fact has been communicated to the complainant vide letter dated 5/5/2016.

          The basic issue is in respect of allotment of new electric connection to the complainant. The OP, after due verification of the spot and documents, issued demand notice and thereafter denied the new electric supply to the complainant on the ground that the complainant is not the owner of well on which the connection to the electric motor pump is to be installed.  The Hon’ble Collector, Chandrapur issued letter to the SDO, Chandrapur bearing No.RV/3/2016/97 dated 20/1/2016 that there is an objection in respect of ownership of well owned by the complainant and there is no document to show that the Gram Panchayat  is the owner of well and there is also measurement difference and imbalance in respect of situation of well and the matter is subjudiced before the Dy. Superintendent of Land Records, Chandrapur for necessary measurement and entry into record of rights in respect of ownership of land for grant of new electric connection to the Gram Panchayat. Therefore, the denial of new electric connection on the ground that the complainant is not the owner of the land and well, amounts to premature act and, therefore, it amounts to deficiency in service. Therefore, the OP is directed to install new electric connection of 3 HP motor pump to the complainant’s well and further to pay compensation  of Rs.10,000/- for mental agony Rs.10,000/- towards cost of proceeding as per following order..

Final order

1. The Complaint is partly allowed.

2. The OP is directed to install new electric connection of 3 HP motor pump to the complainant’s well.

 3. The OP is directed to pay compensation  of Rs.10,000/- for mental agony Rs.10,000/- towards cost of proceeding to the complainant.

3. Copy of the order be furnished to both the parties free of cost.

(Smt.Kalpana Jangade (Kute)  (Smt.Kirti Vaidya (Gadgil)     (Shri.Atul D.Alsi)

               Member                                 Member                                    President