ORDER
(Passed on 7/3/2019)
PER SHRI.ATUL D.ALSI, PRESIDENT.
The complainant has filed this complaint U/s 12 of the Consumer Protection Act,1986 alleging disconnection of electric supply by the OP on false ground and without following due process of law and thereby praying for compensation of Rs.50,000/- towards mental torture and further Rs.10,000/- towards cost of proceeding.
2. The facts in short giving rise to this petition are that the complainant had applied for new electric connection on 30/11/2017 for his domestic use. The OP, after due verification of documents, issued demand note dated 16/9/2017 and on payment of demand note amount, the OP allotted electric connection bearing No.450024288501 to the complainant w.e.f.15/12/2017. On 29/12/2017, one Yadhodhara Chandrabhan Kumbhare filed objection for the allotment of electric connection to the complainant on the ground that the property on which the meter is installed has been allotted to her father and she has got the ownership right by way of Gift Deed. The land was originally allotted by the government to her father on lease. Therefore, allotment of electric connection to the complainant is illegal and she prayed to the OP for disconnection of electric supply.
3. The OP, without verification of factual position and without verifying requisite documents, only on the basis of averments in the application of said Yadhodhara Kumbhare, issued disconnection notice dated 3/1/2018 to the complainant. The complainant replied the notice on 5/1/2018 and stated therein that the dispute is in respect of ownership and possession of the land which can be decided by the competent Civil Court only and without the necessary order from a competent Civil Court , the OP, on its own, cannot decide the title of the property on the false documents supplied by said Yashodhara Kumbhare and disconnect the electric supply of the complainant. Therefore the act of OP amounts to violation of due process of law and hence the complainant is seeking protection from illegal disconnection of his electric supply and prayed for declaration of the notice dated 3/1/2018 as null and void beside claiming compensation and cost.
4. The complaint is admitted and notice was served on the OP. The OP filed reply to the complaint and thereby denied allegations but it admitted that the complainant is the Consumer of OP. The OP averred that there is a dispute in respect of ownership and possession of the land on which the electric supply has been installed and one Yashodhara Kumbhare has raised objection to grant of electric connection to that premises. Hence the affidavit filed by the complainant that there is no dispute in respect of land on which the electric supply has been provided, is false. Therefore, the notice issued by the OP to the complainant for disconnection of her electric supply is in accordance with the provisions of Electricity Act and the complaint filed by the complainant has no merit. Hence it may be dismissed with costs.
5. The counsel for the complainant argued that the meter has been installed after due verification of documents and after conducting spot inspection. Therefore, issuance of notice by the OP for disconnection of electric supply on the basis of false documents produced by the objector Yashodhara Kumbhare does amounts to deficiency in service. Therefore, the petition may be allowed.
6. The counsel for the OP argued that since the objection is received from one objector Smt. Yashodhara Kumbhare to the ownership and possession of the premises on which the electric supply has been allotted to the complainant, the OP has rightly issued notice for disconnection in accordance with the provisions of electricity Act and hence it does not amounts to deficiency in service and the petition deserves to be dismissed.
7. We have gone through the complaint, written versions filed by OP affidavit, documents and WNA filed by the parties. We have also heard the oral arguments advanced by parties.
Points Finding
1. Whether the complainant is a Consumer ? Yes
2. Whether there is deficiency in service on the part
of OP. ? Yes
3. What order ? As per final order..
REASONING
As to issue No.1 & 2
8. The O.P.has admitted that the complainant is a Consumer of OP and further admitted that the electric connection has been allotted to the complainant after verification of documents and spot inspection. After allotment of electric connection to the complainant, one Smt. Yashodhara Kumbhare raised objection to the ownership and possession of the premises on which the electric supply has been allotted to the complainant. Hence the dispute is in respect of ownership and possession of the land which can be decided by the competent Civil Court only. Without the necessary order from a competent Civil Court , the OP cannot decide the title of the property on its own and barely on averments and documents supplied by said objector Mrs.Yashodhara Kumbhare can not disconnect the electric supply of the complainant. Therefore the issuance of disconnection notice by the OP to the complainant amounts to violation of due process of law and it amounts to deficiency in service on the part of OP.
As to issue No.3
9. In view of our observations to the issue Nos.1 & 2 as above, we pass the following order..
Final order
1. The Complaint is partly allowed.
2. The OP is directed not to disconnect electric supply of the complainant
on the basis of disconnection notice dated 3/1/2018 issued to the
complainant.
3. The OP is directed to pay to the complainant Rs.3000/- towards
compensation for mental agony and further Rs.2000/- as cost of
litigation.
4. 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
