<br /> <br /> By K. VIJAYAKUMARAN, PRESIDENT,<br /> <br /> This is an application praying to hear the question of maintainability as a preliminary issue<br /> <br /> The avernments in the affidavit accompanying the petition can be summarized as follows:<br /> <br /> The petitioner is the owner of 05.40 ares of land in survey No. 421/12 of Nilamel Village. The Petitioner applied for drawing Electric Connection to her house situated in the above property and opposite parties 2 and 4 have drawn electric connection to her house as per law. The Complainant / Respondent has no right to obstruct the drawing of electric connection to the Petitioner’s property. The Petitioner has not attempted to draw electric line through the property of the Complainant. The resurvey in the locality has become final and if the Complainant has any grievance with regard to the resurvey she should approach the concerned Civil Court to redress her grievance. The intention of the Complainant is to harass Petitioner /opposite party. The Complainant has filed this Complainant before this Forum knowing that it is not maintainable before this Forum. Hence the petition is filed to hear the maintainability of the complaint. <br /> <br /> The Complainant / Respondent filed objection. Complainant /Respondent has 43 cents of land comprised in survey No.281/4 of Nilamel Villege which, devolved on her by virtue of gift needed No.3175 dated 30/07/1986 executed by her father in her favour and even since that she is the absolute owner of above property and in possession of the same. But the resurvey authorities while contending resurvey transferred 3 cents from her property to the property of the 1st opposite party. The Complainant has filed a complain before the Resurvey Superintendent Anchal for getting the above 3 cents to be retransferred to her but so far no action has been taken by him. <br /> <br /> As per the request of the 1st opposite party the Electricity Authorities are attempting to draw electric line through above 3 cents without the consent of the Complainant who objected the same. There upon the 1st opposite party with help of the Police draw electric line and when she obstructed the same the Police arrested her and she was kept in the lockup of the Police station. The contention that this Forum has no jurisdiction to entertain this complaint is false and hence denied. Hence the Respondent Complaint prays to dismiss the petition.<br /> <br /> The point for consideration is whether this Forum has jurisdiction to entertain this complaint.<br /> Heard both sides<br /> <br /> This complaint is filed by the Complainant requesting for compensation of Rs.1,00,000 /- for the mental agony and defamation caused to her in connection with the arrest and detension in lockup of the police station and for a direction to the 3rd opposite party to rectify the defects in the Resurvey and to retransfer the three cents unlawfully transferred from the Complainant’s property to the property of the 1st opposite party.<br /> <br /> As argued by the Petitioner this Forum has no jurisdiction to entertain a complaint with regard to any discrepancy in the resurvey. Resurvey is conducted by the Resurvey Authorities in exercise of the sovereign function of the State and the Resurvey Authority are not rendering any service coming under section 2 (1) (0) of the Consumer Protection Act 1986. Therefore, the Complainant cannot be said to be a Consumer within the meaning of section 2(1) (d) of the Consumer Protection Act. The complainant if aggrieved by the Resurvey ought to have approached the authority concerned for redressing her grievance. This Forum has no jurisdiction to entertain such a complaint. <br /> <br /> The II Complaint of the Complainant / Respondent is that the opposite parties 2 and 4 are attempting to draw electricity line to the residence of the 1st opposite party along her property which may be restrained. She has no case that opposite parties 2 and 4 have committed any deficiency in service in the supply of electricity to her residence by the above act. Drawing of electric line is different from supply of electricity and if the Complainant / Respondent is aggrieved she may approach the District Collector concerned who is the complaint authority in this regard. In our view this Forum has no jurisdiction to interfere with the drawing of electric line as it cannot be said to be a deficiency in service under section 2 (1) (0) of the Consumer Protection Act.<br /> <br /> The 3rd grievance of complaint is that she was illegally arrested and detained in the lock up by the Police at the instance of 1st opposite party causing mental agony and defamation to her. The legality of the arrest and detention of the Complainant is not a matter coming within the jurisdiction of this Forum as the above acts will not come with in the meaning of deficiency in service unfair trade practice etc..<br /> <br /> The Consumer Protection Agencies gets jurisdiction when a Consumer complains of deficiency in service on the part of service providers in rendering service or in cases where unfair trade practice is alleged. None of the agencies against whom deficiency in service is alleged are rendering any service under the Consumer Protection Act. We are of the view that in the circumstance discussed above this complaint is not maintainable before this Forum. Point found accordingly.<br /> <br /> In the resulted the Petition is allowed and complaint is here by dismissed. No costs. <br /> <br /> INDEX<br /> <br /> List of witness for the complainant<br /> <br /> PW1 : Sakthi Das<br /> Ext. P1: Receipt for Rs.5,000/- dated 28.02.2003<br /> Ext. P2: Letter dated 01.11.2004<br /> Ext. P3: bill dated 01.12.2004<br /> Ext. P4: bill dated 01.01.2005<br /> Ext. P5: Bill dated 01.10.2004<br /> Ext. P6: Letter issued to the Complainant to the opp.party dated 12.01.2005.<br /> Ext P7: Advocate notice<br /> Ext P8 : Acknowledgement Card<br /> <br />