Presented by Sri G.S.Pradhan, President .<br /> The Present disputes pertains to deficiency in service as envisaged under the Provision of C.P.Act- 1986.<br /> <br /> In brief the case is that, the Petitioner is a cultivator of village Mulbar and has been cultivating about 7(seven) acres of land through a lift irrigation point and the electricity power was being supplied by the Opposite Parties from 63 K.V.A. Feeder installed at village Mulbar to run the said L.I. Point. The Petitioner was paying the bill regularly to the Opposite Parties as such he is a consumer of Opposite Parties being his consumer No is 412001035673. On Dt.22.12.06 the above feeder was out of order for which the irrigation system through the above L.I point of the Petitioner has been stopped since Dt.22.12.06. As a result of which Sugar cane, Paddy crop and Chilly plants standing over the above land of the Petitioner was totally damaged for which the Petitioner suffered a heavy loss.<br /> <br /> The Petitioner had intimated the Opposite Parties regarding non-functioning of above Feeder immediately on Dt.26/12/2006 through registered post and also requested personally regarding immediate repair of the Feeder on Dt.30/12/2006. Inspite of receipt of the said letter, the Opposite Parties did not listen to the request of the Petitioner as such the Opposite Parties had neglected their service to the Petitioner.<br /> <br /> Alleging deficiency in service on the part of the Opposite Parties, the Petitioner claims Rs.65,000/-(Rupees sixty five thousand)only towards financial loss, mental agony and litigation expenses.<br /> <br /> On being noticed the Opposite Parties appeared through Advocate and filed their joint version denying all the allegation made by the Complainant .<br /> <br /> The Opposite Parties contends that, the transformer of village Mulbar failed on Dt.16/01/2007 due to dashing of a loaded truck and after getting information the said transformer was replaced on Dt.18/01/2007. So the Opposite Parties have never neglected in their duty and as such there is no deficiency of service by the Opposite Parties as alleged by the Complainant. Hence the Opposite Parties are not liable to pay any compensation to the petitioner and prays for dismissal of the case.<br /> <br /> On perusal of the Complaint petition, Opposite Parties's version as well as copies of documents filed in respective of their cases, we found as follows:-<br /> <br /> The Parties has not disputed the break down of the alleged feeder installed at village Mulbar but only disputed the date of break down of the said Feeder. To substantials their case, the Parties has filed copies of documents and adduced evidence through affidavit in respective of their case.<br /> <br /> The Complainant alleges that, the said 65 K.V.A. Feeder has been out of order since Dt.22/12/06, there by the irrigation system through the L.I. Point of the petitioner has been stopped from Dt.22/12/2006, as a result of which the crop cultivated above 7 acres of land got completely damaged and suffered a great loss. To prove his case the Petitioner has filed copies of letter Dt.26/12/2006 and A/D card showing received of above postal letter Dt.26/12/06 endorsement of postal authorities and three under certificate of positing. Besides the above documents, the petitioner adduced evidence through Affidavit sworn by Umesh Sahu, Sitaram Sahu and himself which supports the case of the petitioner. On proper perusal of the above documents and evidence filed by the petition, we believe that, the feeder 63 K.V.A. Installed at village Mulbar by the Opposite Parties was out of order since Dt.22/12/2006 and the said fact was dully communicated to the Opposite Parties through letter Dt.26/12/2006 and the receipt of such confirmation by the OP No.3(three) as it is evident from the A/D card which has been duly signed by the Opposite Party No.3(three) on Dt.28/12/2006. Even after received of such information no reply was given by the Opposite Party No.3(three) to the above registered letter and remain silent over the matter.<br /> <br /> Further the petitioner submits that, an interim order was passed by the Forum on Dt.12/01/2007 directing the Opposite Parties to supply electricity with in three days after received of said order and further directed not to disturb the power supply to the L.I. Point of Complainant till the disposal of this case. In pursuance to the said interim order no counter or objection in any manner was filed by the Opposite Parties, immediately after received of the said interim order Dt.12/01/2007 of the Forum. The stand taken by the Opposite Parties that, the transformer was got out of order on Dt.16/01/2007 due to dashing of a truck and after getting information the said transformer was replaced on Dt.18/01/2007. To prove this fact, the Opposite Parties has filed copy of transformer break down report and copy of letter No.41 Dt.02/02/2007 of Opposite Party No.2(two) to the Opposite Party No.1(one) regarding replacement of transformer and one affidavit sworn by Opposite Party No.2(two). The break down report reveals that, a complaint was received from the villagers on Dt.16/01/2007 that 63 K.V.A transformer burnt due to dashing of a loaded truck into the pole mounted sub-station at Mulbar village. The so called complaint by the villagers is not filed by the Opposite Parties to prove its case. Further the letter Dt.02/02/2007 issued by the junior manager to Executive Engineer is a self created letter. We can not believe from the said letter that the transformer was failed on Dt.16/01/2007 and it was changed by a good one on Dt.18/01/2007. The Opposite Parties has not adduced any concrete evidence to prove their case.<br /> <br /> The petitioner has not filed any certificate from any competent authority evidencing his loss suffered for non-functioning of the said 65 K.V.A. Feeder. The copies of Record Register Rent receipts, Identity card, etc filed by the Complainant does not reveals that, he has raised sugarcane, paddy crops and chilly plant over seven acres of land. He has also not filed any receipts or evidence in support of his expenses for raising of the crops as alleged in his petition. The claim relating to financial loss of Rs.60,000/-(Rupees sixty thousand)only is not proved by the petitioner.<br /> <br /> In view of above discussion it is established that, the 65 K.V.A Feeder of village Mulbar has gone out of order since Dt.22/12/06 and inspite of repeated request by the Complainant the Opposite Parties slept over the matter, and replaced the Feeder and power was supplied to the L.I.Point through the 65 K.V.A. Feeder on Dt.18/01/2006 is amounts to deficiency in service on the part of the Opposite Parties.<br /> <br /> Accordingly complaint allowed and order as follows:-<br /> <br /> The Opposite Parties are directed jointly and severally to pay a sum of Rs.5,000/-(Rupees five thousand)only towards compensation for mental agony and Rs.1,000/-(Rupees one thousand)only for litigation cost to the complainant with in 30 days from the date of this Order or else the awarded amount will carry an interest of 18% per annum till the date of actual payment. <br /> Complaint disposed off.<br />