IN THE DISTRICT CONSUMERS’ DISPUTES REDRESSAL FORUM AT MYSORE<br /> <br /> PRESENT: 1. Shri.A.T.Munnoli<br /> B.A., L.L.B (Spl.) - President <br /> <br /> <br /> 2. Shri. Shivakumar.J.<br /> B.A., L.L.B., - Member<br /> <br /> CC 248/09 DATED 18.08.2009<br /> ORDER<br /> <br /> Complainant M.R.Srinivasa, S/o Late Ranganayaka, R/at D.No.424, Mysore University Layout, Lingabudi Palya, Kasaba Hobli, Mysore Taluk, Membershp No.4.<br /> <br /> (By Sri.M.Nagesh, Advocate)<br /> <br /> Vs. <br /> Opposite Party M.C.Nanjunda Swamy, Hon. Secretary, Mysore University Employees Co-operative Housing Society, Reg.No.AR41/MKT/RGN/12215/86-87, Crawford Hall Building, Mysore University, Mysore.<br /> <br /> <br /> Nature of complaint : Deficiency in service<br /> Date of filing of complaint : 14.07.2009<br /> Date of appearance of O.P. : -<br /> Date of order : 18.08.2009<br /> Duration of Proceeding : -<br /> <br /> <br /> PRESIDENT <br /> <br /> <br /> <br /> <br /> MEMBER<br /> <br /> <br /> Sri. A.T.Munnoli,<br /> President<br /> <br /> 1. Under section 12 of the Consumer Protection Act, the complainant has filed the complaint seeking a direction to the opposite party to arrange for providing electricity and other necessitates to the schedule house of the complainant and also to pay a sum of Rs.60,000/- by way of damages.<br /> 2. Amongst other facts in the complaint, it is alleged that the opposite party allotted a site No.424 to the complainant in the year 2004. The complainant has constructed the house and residing with his family members. The opposite party agreed to arrange electricity and other facilities, but it has failed to perform its duties. Complainant and his family members are facing inconvenience and paying Rs.2,000/- per month for generator etc., Hence, it is prayed to allow the complaint.<br /> 3. Considering the facts alleged in the complaint, the matter was posted for hearing regarding maintainability. When the matter was posted for finally for hearing, the complainant and his counsel remained absent. Hence, we perused the material on record.<br /> 4. Now we have to consider whether the complaint is maintainable?<br /> 5. For the following reasons our finding is in negative.<br /> <br /> REASONS<br /> <br /> 6. The relevant prayer made in the complaint by the complainant is “----- directing the opposite party to arrange for providing electricity and other necessary basic amenities to the schedule house property-----“. Thus, what is sought by the complainant is to direct the opposite party to arrange electricity to the house of the complainant.<br /> 7. No contract or agreement between the complainant and the opposite party to provide electricity to the house of the complainant, is placed on record. Considering the facts, at the most, one can understand, the opposite party housing society was to fix electric poles etc., in the layout. The complainant has produced two photographs. In the second photograph, there is a sccotorist and on his side, there is a house and we can see electric poles and the electric line. From the photograph, it is prima-facie made out that already electric poles or line is there in the layout.<br /> 8. On the basis of the material on record, one cannot infer or imagine that the opposite party housing society to arrange electricity supply to the house of the complainant. Under the electricity Rules and Regulations, the complainant has to approach the concerned authorities in accordance with Rules and Regulations by paying or depositing the fee or charges.<br /> 9. Considering the facts, we found no deficiency in service on the part of the opposite party in respect of the prayer made in the complaint referred to above, particularly provide electricity supply to the house of the complainant.<br /> 10. Accordingly following order:-<br /> <br /> ORDER<br /> <br /> 1. The Complaint is dismissed.<br /> 2. Give a copy of this order to each party according to Rules.<br /> <br /> (Dictated to the Stenographer, transcribed by her, transcript revised by us and then pronounced in the open Forum on this the day 18th August 2009)<br /> <br /> <br /> <br /> <br /> <br /> (A.T.Munnoli) <br /> President <br /> <br /> <br /> <br /> <br /> (Shivakumar.J.)<br /> Member<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />