Per Sri A. Hazarath Rao, President:-
The complainant filed this complaint u/s 12 of the Consumer Protection Act seeking a direction to the opposite parties for restoration of electricity to the SC.bearing No.10868 of Chilakaluripet town to the house bearing Dr.No.26/5; Rs.18,00,000/- as compensation and for costs.
2. In brief the averments of the complaint are these:
The complainant is residing in the house bearing Dr.No.26/5 with electricity service connection bearing No.10868 since 1985. The complainant is regular in payment of consumption charges. The complainant filed OS 50/85 on the file of the Sub-Court, Narasaraopet against his father and brother in respect of subject house. The complainant was unsuccessful even in the Apex Court of India. On 22-09-11 the 3rd opposite party served a notice on the complainant threatening disconnection of power supply to service connection No.10868. The complainant gave a reply to the notice issued by the 3rd opposite party. The opposite parties on 09-06-12 disconnected power supply and had taken away the meter. Disconnecting power supply by the opposite parties on a complaint given by complainant’s opponents amounted to deficiency of service. The complainant suffered untold misery on account of disconnecting the power supply and estimated at Rs.18,00,000/-. The complaint therefore be allowed.
3. The opposite parties remained exparte.
4. Exs.A-1 to A-5 were marked on behalf of complainant.
5. Now the points that arose for consideration are:
- Whether the opposite parties committed deficiency of service?
- Whether the complainant is entitled to compensation?
- To what relief?
6. POINTS 1&2:- Ex.A-1 is demand notice issued by the opposite parties to the complainant for the months of April and May, 2012. The complainant paid consumption charges of Rs.865/-on 24-05-12 as seen from Ex.A-2. Ex.A-3 is served copy of notice on the complainant issued by the 3rd opposite party. One Potturi Hari Prasad and Vijayalakshmi gave a report to the 3rd opposite party who in turn demanded the complainant to produce his title deeds in respect of the house bearing Dr.No.26/5 within fifteen days with a threat of permanent disconnection in case of failure. The 3rd opposite party required the complainant to produce registered documents, house tax receipt, water tax receipt, copy of orders of the High Court of AP and Supreme Court as seen from Ex.A-3. On 15-05-12 the opposite parties inspected the subject house as seen from Ex.A-4. On Ex.A-4 the complainant endorsed that the opposite parties have no right to disconnect power supply.
7. In his complaint the complainant averred that the opposite parties disconnected power supply on 09-06-12. The said contention of the complainant is deemed to have been proved as the opponents remained exparte. Exs.A-1 to A-4 amply proved disconnection of power supply to the house bearing Dr.No.26/5. The opposite parties have nothing to do with the litigation between the complainant and his brother. Therefore the act of opposite parties in disconnecting power supply amounted to deficiency of service. We therefore opine that the opposite parties committed deficiency of service.
8. The complainant claimed Rs.18,00,000/- as compensation for the inconvenience faced by him on account of disconnection of power supply. The complainant did not place any material before this Forum in support of his claim. In view of Ex.A-3 notice and the conduct of the complainant about he losing the case in respect of subject house even in the Apex Court awarding compensation is not just and reasonable. We therefore answer these points accordingly.
9. POINT No.3:- In view of above findings in the result the complaint is partly allowed as indicated below:
1. The opposite parties are directed to restore power supply to the house bearing No.26/5 within two days after receipt of this order.
2. The opposite parties are further directed to pay Rs.1,000/- towards costs.
Typed to my dictation by Junior Steno, corrected by me and pronounced in the open Forum dated this the 4th day of July, 2012.
MEMBER MEMBER PRESIDENT
APPENDIX OF EVIDENCE
DOCUMENTS MARKED
For Complainant:
Ex.Nos. | DATE | DESCRIPTION OF DOCUMENTS |
A1 | 22-05-12 | Demand notice issued by the opposite parties to the complainant for the months of April and May, 2012. |
A2 | 24-05-12 | Receipt showing Rs.865/- paid by the complainant towards consumption charges |
A3 | | Copy of notice issued by the 3rd opposite party to the complainant |
A4 | | Copy of inspection notes by the opposite parties |
A5 | 27-05-11 | Copy of order No.326/SEC-L/2011 by the State Election Commission, Secunderabad |
For opposite parties: NIL
PRESIDENT
