O R D E R ; ( Per Shri B.R. Chandel, President).
Complainant Shri Dildar Mohammad on the strength of this complaint has claimed that the opposite parties No.2 to 4 be directed to remove the electricity connection of opposite party No.1 from his house and land and to provide him connection from other place, to pay a compensation of Rupees 50,000/-, the expenses of medical treatment of Rupees 30,000/- and to pay Rupees 50,000/- spent by him for the repair and cost of destroyed electric instruments along with cost of the complaint on the grounds that he is the holder of electricity connection vide Meter No. MSD-47. The opposite party No.1 got domestic connection of electricity to his house from his meter line without his consent, but the opposite party No.1 using the said connection for commercial purpose i.e. for running floor mill, grass cutter and water pump due to which the complainant is facing electricity problem everyday. On 25-09-2010 the brother and brother-in-law of the complainant received electric shock from the electricity wire which goes to the house of opposite party No.1 due to which they were hospitalized in zonal Hospital, Bilaspur. Due to illegal connection and unauthorized working of the opposite party No.1 electric instruments of the complainant’s house have been destroyed. The complainant preferred application to opposite party No.2, who marked the application to opposite party No.3 and opposite party No.3 marked the said application to opposite party No.4, but did not pay any heed to his request. The complainant also moved a complaint before the police, but in vain. Due to the negligence and deficiency in service of the opposite parties the complainant has suffered harassment, monetary loss and mental tension.
2. The opposite parties No.2 to 4 filed reply which has been adopted by the opposite party No.1 and the opposite parties have disputed the claim of the complainant and have set up the defense that opposite party No.1 was the holder of domestic electricity connection bearing A/c No. NUD-359 which has been given from T-joint of the service line feeding the complainant which is in no way illegal or unauthorized. The said connection on the basis of application made by the opposite party No.1 has been converted to commercial bearing A/c No. NUD-359/MSC-2 because a shop is being run by the opposite party No.1 with the electricity connection and the same is not being used by the opposite party No.1 for any other commercial purpose except for the shop. The load of his connection is 0.700KW which can not make any hindrance to other consumers in any way. The complainant had submitted a written complaint dated 04-10-2010 to replace the service wire in which leakage was alleged, upon which the service wire was thoroughly checked and the same was found in proper order hence the opposite parties have not committed any deficiency in service and there is no deficiency, shortcoming, fault, imperfection or inadequacy in running and supplying the electricity to the complainant or anybody else in the area.
3. Both the parties have led evidence.
4. We have heard learned counsel for the parties and gone through the records of the complaint.
5. Admittedly, the complainant is the holder of electricity connection vide Meter No. MSD-47. The opposite party No.1 was the holder of domestic electricity supply connection vide A/c NUD-359 and the same has been converted into commercial electricity supply vide A/c No. NUD-359/MSC-2. The electricity connection to opposite party No.1 has been given from T-joint of the service line feeding the complainant. The opposite party No.1 is using the electricity in a shop, the load of which is 0.700 KV. The complainant and opposite party No.1 are neighbourers and their premises along with premises of other persons have been shown in ‘single line diagram’ and the service connection Annexure R-2/B.
6. The complainant has claimed that the opposite party No.1 is using the domestic electricity supply connection for running a floor mill, grass cutter and one water pump. The said fact is disputed by the opposite parties. The opposite parties have set up the defense that the opposite party No.1 is running a shop for which he has got the domestic electricity connection converted into commercial electricity connection.
7. The complainant has failed to substantiate his claim that the opposite party No.1 is running the floor mill or grass cutter or one water pump in his premises. The complainant has also failed to lead any evidence to prove that the electricity supply which has been provided to the shop of opposite party No.1 from the service wire in question has adversely affected the electricity supply to the house of the complainant. The complainant has also failed to substantiate his stand that his brother or brother-in-law received the electric shock due to the shortcoming, fault, or improper maintenance of the electricity line by the opposite parties No.2 to 4.
8. There is also no evidence to prove that the brother and brother-in-law of the complainant received the electric shock due to the fault of the opposite parties or the opposite parties No. 2 to 4 failed to maintain proper supply of electricity to the house of the complainant or the complainant was overcharged or electricity line has not been properly maintained.
9. In view of the evidence discussed and findings recorded above, this Forum is left with no alternative except to conclude that the complainant has failed to prove any deficiency in service on the part of the opposite parties, hence the complaint is bound to fail.
RELIEF:
In view of the findings recorded above, the complaint is dismissed. No orders as to cost. Let certified copy of this order be sent to the parties free of cost, as per rules. The file, complete in all respects, be consigned to the Records.
ANNOUNCED & SIGNED IN THE OPEN FORUM;
Today this the 21st day of January, 2015.
( B.R. Chandel)
President
(Manorma Chauhan) (Pawan Kumar)
Member Member
