By G. Yadunadhan, President:

            The case of the complainant is that he had applied for electric connection to his residence situated at Thikkoti of Koyilandy Taluk.  Complainant had remitted the CD on 20.6.2004 for the WPO HL connection.  The amount was deposited as per receipt No.280 book No.4709 and consumer No.22885.  The said amount was deposited after the preparation of estimate by the concerned officials of the Board.  After due inspection he was intimated that free connection was possible and available from the existing electric post.  After a lapse of few days some officials of the Board without any reason shifted the existing electric post to the next compound.  Due to the negligent act of the opposite parties complainant suffered great loss.  Therefore complainant is seeking relief against the opposite parties to direct to pay a compensation of Rs.1,00,000/-.

            Opposite parties entered in appearance and filed version by opposite party No.2, denying all the allegations made by the complainant.  Concerned officer has clearly represented that 6 metres OH line and 34 Mtrs. WT wire is to be drawn from existing electric post to affect electric connection to the residence of the petitioner.  The electric post which was shifted originally situated in the property of petitioner’s brother Mr. Sathyachandran.  The said post was shifted with the request of Sathyachandran complying all the formalities.  Now it is understood that the complainant and his brother are in enemical terms, which leads to initiate the complaint.  The opposite parties have not done any negligence, deficiency in service or unfair trade practice.  Hence the above petition is liable to be dismissed with costs.

            Points for consideration.  Whether any deficiency on the part of the opposite parties?  If so, what is the relief and cost?

            Complainant was examined as PW1 and Exts. A1 to A12 were marked.  Opposite party No.2 was examined as RW1 and Ext. B1 and B2 were marked.

            While perusing the Exts. A1 to A3, it clearly shows that opposite party has received an amount of Rs.250/- as CD.  Till the remittance of the CD, the nearest electric post  bearing No. TCP23/15H from which estimate was taken to draw WP wire to the petitioner’s house was 34.5 metres away from the meter board of the petitioner.  The said electric post was shifted later on the request of his brother and he was denied of the possible WP service connection.  After the shifting of the post, officials of the electric section, Melady corrected the original office records and asked the petitioner to remit Rs.12,000/- as OYEC for getting the electric connection.   Ext. B1 reveals that some pages have been misplaced i.e., after page No.55 there can be seen page No.75.  20 pages were cut and removed from the B1 document.  It is a clear deficiency and unfair trade practice on the part of opposite parties.  Another crucial document is Ext. B2, produced by the opposite party No.2.  It is an admitted case by the electrical higher authorities that opposite party No.1 and 2 have not acted as per law.  So the higher authority initiated proceedings against Asst. Engineer and Sub Engineer and also Executive Engineer, Electrical Division, Vatakaa.  These indicate a gross negligence occurred on the part of the opposite parties.  These acts cannot be tolerated at all.   Under these circumstances complainant is entitled to get maximum compensation from all opposite parties.

            Therefore the opposite parties are directed to pay a compensation of Rs.25,000/- and a cost of Rs.1,000/- to the complainant.  After paying the compensation amount to the complainant, that amount can be realized from opposite party Nos. 1 and 2, who were the Asst. Engineer and Sub Engineer respectively during that period in Electrical Section, Melady.

            Pronounced in open Court this the 30^th day of April 2009.

                        Sd/-President                                  Sd/-Member

APPENDIX

Documents exhibited for the complainant:

A1        Copy of Interim Receipt No.280, Book No.4709 for Rs.250/-.

A2        Copy of Interim Receipt No.227, Book No.3814 for Rs.10/-

A3        Copy of Interim Receipt No.280 Book No.4709 for Rs.250/-

A4            Photocopy of Postal receipt and acknowledgement Card.

A5        Copy of Lr. No.BI7276/05 dated Nil.

A6            Photocopy of letter from complainant to IG of Police, Vig. & Security, KSEB.

A7        Copy of notice issued by the Ombudsman, KSEB.

A8        Reply to the Notice issued by the complainant dated 9.12.2004.

A9        Copy of lawyer notice issued by the complainant dated 9.12.2004.

A10      Copy of the proceedings issued by Executive Engineer, Electrical Division,

            Vatakara No.GB1/Inspection/2006-07/907 dated 6.2.07.

A11      Copy of the proceedings of the Dy. Chief Engineer, CGRF, Kozhikode dated

            7.6.2007.

A12            Photocopy of the order of the Ombudsman dated 5.9.2007.

Documents exhibited for the opposite parties:

B1         Service connection agreement in original complete file of case No.22885 –

            21 sheets.

B2            Proceedings of the Dy. Chief Engineer, CGRF, Kozhikode dated 7.6.2007.

Witness examined for the complainant:

PW1            Rajan.C.K., S/o. Gopalan, Chandrakuni – Complainant.

Witness examined for the opposite parties:

RW1            Damodran, S/o. Narayanan Nair, Patinharayil House, Chingapuram. P.O.

-/True copy/-

(Forwarded/by Order)

Senior Superintendent.