Orissa

Rayagada

CC/440/2015

Bevara Ramprasad - Complainant(s)

Versus

Smt. Mukerla Ramkumari - Opp.Party(s)

Self

19 Jul 2016

ORDER

DISTRICT   CONSUMER  DISPUTES REDRESSAL    FORUM, RAYAGAD

C.C. Case  No.440/2015.

             P R E S E N T .

            Sri Pradeep Kumar Dash, LL.B,                             President.

            Smt.  Ch. Nirmala Kumari Raju, LLB,                    Member

 

            Bevara Ramprasad, aged about 41 years, S/o Paiditalli, Residnent of Raniguda Farm,       Po/Ps/Dist.,             Dist. Rayagada                                                                                                                                                                                                           ……..Complainant

                                                Versus

1. Smt.Mukerla Ramkumari, aged about 46 years, W/o Sri M.Surya Praesh Rao, Resident of Umasankar Theatre(UST),Po/Ps/Dist. Rayagada (Odisha).
2. Executive Engineer(RED )South Co. Seriguda, Rayagada, Po/Ps/Dist. Rayagada, Odisha.                                                                                                                                                                                                                           ………..Opp.Parties

Counsel for the Parties:

For the complainant:  Sri B.P.Panda & Sri Guru Prasad Sahu,Advocates,Rayagada

For the O.P No.1: Sri M.M.Padhi & Sri V.R.M Patnaik,Advocates,Rayagada.

For the O.p No.2 : Self                    

                                                            JUDGMENT

                        The grievance of the complainant in short is that the complainant  is a tenant under the  O.p No.1 since 1991  and  running a Pan shop  which  has been electrified  and in the  name of the O.P 1. As per the lease terms and condition the complainant has been paying the electrical consumption charges to the O.p 1 regularly in account No.31102200383 which is in the name of the O.p No.1. For no default in  payment of the electrical consumption charges the O.p 2  through J.E has disconnected the electric supply to the shop of the complainant on 18.10.2015 without any intimation . On enquiry he came to know that  the electric connection has been disconnected  on the request of the O.p 1  which is illegal and for which the complainant sustained loss in business and incurred damages  of the goods and commodities kept in the refrigerator and the amount of  loss and  damages  is estimated at Rs.25,000/- The complainant is a consumer of O.p 2  as he has been paying the consumption charges regularly. Hence prayed to   pass orders   for restoration of electric supply to the shop  and   directed them to pay loss and  damages  for the mental agony amounting Rs.1,25,000/-  and pass such orders as deem fit and proper. Hence, this complaint.

                        After receipt of  notice, the O.P No. 1 & 2   filed counter  and denied all the allegations of the complainant.  It is submitted by the O.P that the complaint petition is not maintainable before this forum under the C.P.Act,1986 as the complainant is not a consumer as defined in Clause (d) of the Section 2  of the Act. The O.p 1 is the owner of the shop room  which is constructed in her own land  and has given on monthly rent  for the purpose of doing business  of pan shop to the complainant. The complainant has made an agreement for a period of 11 months commencing from 01.08.2013 but it is false  that the complainant is a tenant under the O.p 1 since 1991 and  it is also false that the complainant is  paying the electricity consumption charges regularly. The S.D.O, Electrical, Rayagada  has sent a letter  vide Letter No.723/2015 dt.30.10.15 to the O.p 1 to deposit an amount of Rs.47,275/-  for the period from Nov,2013 to August,2015 within fifteen days from the date of receipt of the letter, failing which electric connection shall be disconnected without any further notice and since  the amount has not been paid   within the stipulated period, the electric line to the shop room was disconnected  and the O.p 1 has not instructed  the J.E, Electrical to disconnect the electric line to the shop room of the complainant. The term of agreement with the complainant  and O.P 1 is from 01.08.13 to 30.06.14  and   as per the lease agreement the complainant  has to vacate  the shop room  of the O.p 1      and  if both the parties agree for extension of the lease period, they have to make a fresh agreement but the complainant has not made any fresh agreement  and occupied  the shop room unauthorisedly and running his business till date and not vacating the  shop room  in spite of several requests made by the O.p 1.      The complainant has not paid room rent from 01.07.14 to 01.10.15 for a period of 15 months  and the monthly rent  he has to pay is Rs.52,500/-  and in addition to that he has to pay electric consumption charges of Rs.47,275/-  as per the conditions of the agreement. Hence, prayed to direct the complainant to deposit Rs.52,500/- towards the shop rent  and Rs.47,275/- towards electricity charges with the S.D.O, Electrical and also prayed to vacate the  order of power supply to the shop room occupied by the complainant unauthorisedly and dismiss the complaint with costs  in the interest of justice.

 

                        It is submitted by the O.p 2 that the complaint petition is not maintainable as the complainant is not a consumer   and  complaint petition is maintainable before this Forum under the Consumer Protection Act only when the complainant is a consumer as defined in Clause (d) of Section 2 of the Act and   the O.p is a provider of service as defined in clause (o) of the Section 2 of the Act and there is some allegation regarding deficiencies in service.  The complainant is neither a consumer nor there is any relationship exist in  between the Opp.Party 2  and the complainant is in any manner.  The allegations as levelled against these O.ps are all false,  fabricated, concocted, manufactured and are bare imaginations of the complainant So, this complaint petition is not maintainable at all against the O.p 2.  During the course of verification it was dictated that the monthly billing was done on the basis of average reading though the status of the meter was ok. Accordingly the said meter was calibrated by the Asst. Engineer, Vigilance cell  on request of concerned SDO on the basis of the report of the J.E to know the status of the meter and ;basing on the report of the concerned J.E and Vigilance Cell the bills has been recalculated on actual consumption in the meter as per Regulation 99 of the OERC Distribution(Condition of Supply) Code, 2004 and a demand notice  has been issued for deposit of additional, assessment of Rs.47,275/-  towards actual consumption  for the period  from Nov,13 to Aug,15.  In view of the above  the complaint petition is devoid of any merit and  liable to be dismissed in limine.

                                                              FINDINGS

                        We perused the complaint petition and documents filed by both the parties and heard argument from both the parties. During the time of argument, both the parties have filed petition and documents to substantiate their case .After perusal of the documents and petition filed by the parties, it reveals that the complainant has unauthorisedly without having any valid lease agreement occupied the shop room of the O.p 1 and using the electric consumption without paying any amount to the O.P 2.  Further, it is submitted by the O.p 2 that the complainant is not a consumer of the O.p 2 in any manner as per Sec. 2 (d) of the Consumer Protection Act, 1986.   We also thoroughly verified the documents filed by both the parties and opined that the complainant is being given the shop room on rent and the actual consumer is the O.p 1 and not the complainant.  Since the complainant is not paying the rent and electric bill to the complainant and has also not made any further extension of lease agreement the O.p 1 is also not interested to given on rent to the complainant further. However, after verification of the documents filed by the O.Ps, we come to the conclusion that the complainant is not a consumer of the O.p 2 and he has no locus stand  to file this present dispute before this forum and since  the matter is  a civil in nature this forum  cannot entertain this type of litigation.  Hence it is ordered.

                                                                                                   

                                                                       ORDER

                        From the aforesaid facts of the case, it is clear that the complaint petition is civil in nature and this forum has no power to entertain this type of dispute. The O.p No.2 is directed to disconnect the electricity which was ordered U/s 12 13(3-B) of the C.P.Act to the premises of the complainant with immediate effect. There shall be no order as to cost and compensation. Parties to bear their own cost.

                        The matter is disposed of accordingly and pronounced in open forum today on this 16th   day of January, 2016 under the seal and signature of this forum.

                        A copy of this orders as per the statutory requirements, be forwarded to the parties free of charge.

 

           

Member                                                                                   President

Documents relief upon:

By the complainant:

1. Copy of Electric update bill.

By the O.P No.1:

1. Copy of R.O.O
2. Letter to SDO for disconnection of  electricity
3. Revised Calculation sheet.
4. Copy of agreement
5. Clarification regarding the NOC for supply of electricity

By the O.P :No.2.

6.      Copy of letter of complainant to the O.p 2

7.      Copy of Verification report

8.      Lr. No.480 dt.06.08.15 of  SDO, Electrical, Rayagada

9.      Copy of Letter No.227 dt.26.10.15  A.E, Vigilance, Electrical

10.  Copy of Meter Inspection and load census

11.  Copy of  letter No.723 dt.30.10.15 of SDO, Electrical, Rayagada

12.  Copy of  Revised Calculation sheet

                                                                                                            President