ORDER

(Passed on 04/04/2019)

PER SHRI.ATUL D.ALSI, PRESIDENT.

1.     The complainant has filed this complaint U/s 12 of the Consumer Protection Act,1986 against the denial of new electric connection for agricultural purpose and thereby praying for direction to the OPs to provide new electric connection and further claiming compensation of Rs. 1 lac towards mental torture and Rs.10,000/- towards cost of litigation.

2.       The facts in short giving rise to this petition are that the complainant owns agricultural at Mouza Bordi, Tah.& Distt.Chandrapur bearing field survey No.86 admeasuring 7/5 hectare. He had applied for new electric conneciton  for agricultural purpose with necessary application and documents. The OPs. after due verification of the spot, issued demand note dated 6/11/2017 and accordingly the complainant deposited Rs.7848/- towards demand note on 9/11/2017. On 21/2/2018, the OP refused to install new electric connection to the complainant for the reason that the spot shown by the complainant during spot verification was different than the spot where he intends to install the new electric connection and there is outstanding bill for the electric meter of his wife on the spot where the new electric connection is to be installed. However, the OP refused new connection to the complainant for the outstanding dues of a different electric connection which was in the name of his wife. Therefore, refusal of non applicant to install new electric connection as per demand note within 30 from the deposit of amount  is a deficiency in service and the OP is liable to pay Rs.100/- per week till installation of electric meter alongwith compensation and cost of litigation for arbitrary denial of new electric connection. Hence the petition is filed.

3.         The OP Nos.1 & 2 filed their reply and denied allegations and submitted that the wife of the complainant Mrs.Savita Prakash Shaha has a poultry farm at Mouza Bordi, Tah.& Distt.Chandrapur bearing field survey No.86 and there was outstanding electric bill of Rs.1,25,000/- for which one complaint case bearing No.48/2016 for excessive billing was filed by the wife of the complainant before this Forum but it was dismissed.  The Civil Suit in respect of recovery of arrears of outstanding bill of complainant’s wife is pending before the Civil Court. The complainant had applied for new connection in the same field survey Number by depositing demand note of Rs.7848/-. As per the provisions of Electricity Act, no new connection can be installed where the outstanding bill is pending. Hence there is no Unfair Trade Practice or deficiency in service on their part and the complaint is liable to be dismissed with costs.  

4.       Counsel for the complainant argued that the complainant  is the owner of agricultural field at Mouza Bordi, Tah.& Distt.Chandrapur bearing field survey No.86  and as per the demand note issued by the OPs, the complainant has deposited the amount. There are no arrears of bill as against the complainant. Therefore, denial of new electric connection for agricultural purpose amounts Unfair Trade Practice and deficiency in service. Therefore the petition may be allowed as prayed. 

5.         Counsel for the OPs argued that the complainant has suppressed the material fact that the spot where spot verification was done and the spot where the new electric connection was to be installed are different and the spot where the complainant is seeking new electric connection there is already arrears of bills amounting to Rs.1,25,000/- outstanding against the electric connection which was in the name of wife of the complainant.  As per the provisions of Electricity Act, no new connection can be installed where the outstanding bill is pending. Hence there is no Unfair Trade Practice or deficiency in service on their part and the complaint may be dismissed.

     We have gone through the complaint, written versions filed by OP No.1 and OP Nos.2 & 3, affidavit, documents and WNA filed by the parties. We have also heard the oral arguments advanced by parties.

                    Points                                                                                     Finding

1.  Whether  there is Unfair Trade Practice and defieiciency

     in service on the part of OPs?                                                               No

2.  What order ?                                                                  As per final order..

As to issue No.1

6.      The status of the complainant as the consumer of OPs is not disputed. It is also not disputed that the wife of the complainant is the proprietor of Bulbul Poultry Farm on the same field survey No.86 at Mouza Bordi, Tah.& Distt.Chandrapur where there was an electric connection which was permanently disconnected for the arrears of bill amounting to Rs.1,25,000/-.  Complainant’s wife had filed a Consumer Complaint bearing No.46/2016 In respect of said amount of arrears of bill, which came to be dismissed by this Forum. The complainant had applied for new electric connection on the same survey No.86 at Mouza Bordi, Tah.& Distt.Chandrapur where there was an electric connection in the name of Bulbul Poultry Farm of his wife, which was permanently disconnected for the arrears of bill amounting to Rs.1,25,000/-. The complainant has filed the 7/12 extract of field survey No.86 at Mouza Bordi, Tah.& Distt.Chandrapur, however he failed to file any cogent evidence to show that the agricultural field where he intends to install the electric connection is different than the agricultural field where there was an electric connection in the name of his wife which was permanently disconnected for the arrears of bill amounting to Rs.1,25,000/-. According to Section 56(1) of the Electricity Act, there is a special provision enabling the Electric Generation Company to cut off the electric supply until the arrears of bill or charges, or sum demanded is paid.

7.       When the complainant is praying for new electric connection by suppressing the fact that there was already a connection in the name of his wife and it came to be disconnected due to non payment of electricity bills, then the complainant  is trying to play a fraud with the court and he did not approach this Forum with clean hands and honest intention. Therefore, denial of new electric connection on the same field survey number where there was arrears of bill does not amount to Unfair Trade Practice or deficiency in service on the part of OPs. If the complainant pays the arrears then the OPs will have no objection for supplying new electric connection to him. There is no merit in the complaint and it is liable to be dismissed.

As to issue No.2

8.              In view of our observations as above, we pass the following order..

Final order

1. The Complaint is dismissed without cost.

2. Parties to bear their own cost.

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