BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 31st day of October, 2008

Present:

SRI.LAIJU RAMAKRISHNAN PRESIDENT

SMT.SHEELA JACOB MEMBER

SMT.BINDU SOMAN MEMBER

C.C No.83/2008

Between

Complainant : K.N.Kumaran,

Kochuparambil House, Malayinchi P.O,

Thodupuzha,

Idukki District.

And

Opposite Parties : 1. Sunil Krishnankutty,

Alackalparambil House,

Malayinchi P.O,

Thodupuzha,

Idukki District.

2. Unni,

Geethanjali Electricals,

Near Private Bus Stand,

Thodupuzha P.O,

Idukki District. (Both by Adv: C.K.Babu)

O R D E R

SRI.LAIJU RAMAKRISHNAN(PRESIDENT)

The complaint is filed for deficiency in electrical wiring conducted by the opposite parties in complainant's residence and for getting the completion certificate of the same.
 

The complainant is a consumer of Electricity Board Karimannoor Section under consumer No.10067 and a resident of Udumbannoor Grama Panchayath. The complainant approached the Ist opposite party for conducting wiring of his residence.

The Ist opposite party is the neighbour of the complainant and also an electrical contractor. The Ist opposite party completed the electrical wiring of the complainant's residence electrical connection and connection also was received. But the Ist opposite party received Rs.700/- from the complainant for paying CD in Electricity Board and a receipt for Rs.300/- was given to the complainant. Because of the defect in wiring, several bulbs were damaged and the complainant did not give the wiring certificate to the complainant as per the request. The complainant belongs to the "Scheduled Caste Vela Community". The Government is issuing Rs.1,000/-as allowance for the electrical wiring  of the Scheduled Caste communities. The same can be received from the Panchayath by giving an application with the wiring completion certificate. But the Ist opposite party colluded with the 2nd opposite party and denied the same. So the complainant caused several damages and mental hardships due to the act of the opposite parties and the petition is filed for getting compensation for the same.
 

2. The opposite parties filed a written version and the Ist opposite party denied that he has conducted wiring of the complainant's residence. The Ist opposite party was the contractor of KSEB at Malayinchi area. He has conducted wiring of about 600 houses and obtained connection for them. They never know that who had conducted the wiring of the complainant's residence, that can be verified through the KSEB office. The complainant can obtain the electric connection from the KSEB only after giving the completion certificate to them. The opposite party is having no awareness about the CD receipt. The complainant never requested the opposite parties for getting the completion certificate. The opposite parties have no right to issue a completion certificate to the complainant. It is seen from the receipt produced by the complainant that Rs.600/- has paid to the KSEB. So, a fabricated story has been created by the complainant and the petition may be dismissed with cost.
 

3. The point for consideration is whether there was any deficiency in service on the part of the opposite parties, and if so, for what relief the complainant is entitled to?

4. The evidence consists of the oral testimony of PWs 1 to 3 and Exts.P1(series) and P2(series) marked on the side of the complainant and the oral testimony of DW1.

5.The POINT :- Electrification work of the complainant's residence was completed and the electrical connection was issued to the complainant as Consumer No.10067 of Karimannoor Section Office. Ext.P2(series) is the receipt issued by the KSEB. The complainant belongs to SC community and so he is eligible for getting the subsidy of Rs.1,000/- from the Panchayath for availing electric connection. For that purpose, the completion certificate from the Electrician is needed. The complainant was examined as PW1. He deposed that the Ist opposite party is the person who done the electrical work of the complainant who is the staff of the 2nd opposite party. Ext.P1(series) is the bills issued from the 2nd opposite party's shop. After completion of the wiring the complainant understood that the Ist opposite party is not having licence for conducting wiring. The Ist opposite party cheated the complainant when the wiring materials were purchased. The complainant questioned about this. Because of that the Ist opposite party is not issuing the completion certificate. One witness was examined as PW2, who delivered that the Ist opposite party is familiar to him. The Ist opposite party has conducted the wiring work of the complainant. At the time of cross examination he deposed, that at the time of inspection of the residence of the complainant by the officers of KSEB, PW2 was there, he saw that the Ist opposite party was curing faults in the wiring work done in the complainant's residence. PW3, who is the Panchayath Member of the complainant's Ward. He deposed that the Panchayath is issuing Rs.1,000/- to scheduled caste communities for wiring works. Complainant is also a consumer of the same. The complainant did not produce the completion certificate of wiring so the said subsidy was not given to the complainant. The Ist opposite party approached PW3 for compromise talk with the complainant. The complainant asked for compensation. The Ist opposite party was not ready for giving compensation. So this case is not compromised. Ist opposite party was examined as DW1. He deposed that he is a wiring contractor of Electricity Board conducted the work of the KSEB at that area. But never done the work of the complainant's residence. On the completion certificate issued to the office of KSEB, the name of the electrician would be written. The Ist opposite party is a Salesman of the 2nd opposite party. After receiving the summons he approached the PW3 and told him that for compromising the case he was ready to pay some money to the complainant. The opposite parties admitted that the P1(series) bills were issued from the 2nd opposite party's shop. In the bill, name of the Ist opposite party is also written as Salesman. So it is clear that the Ist opposite party is the staff of 2nd opposite party. As per the Ist opposite party, he never done the wiring works of the complainant's residence. But he was ready to pay some money to the complainant for compromising the case, and so he approached PW3 for the same. It means that there is something hidden from the part of the opposite parties. If the opposite party is in clean hands he never needed to approach PW3. PW2 delivered that he saw the Ist opposite party at the complainant's residence when the KSEB officers inspected the place. The complainant deposed that as per the request of the opposite parties, the complainant approached more than 8 times, at the 2nd opposite party's shop for getting the completion certificate. But they harassed him. We think that the Ist opposite party may not be the same person who completed the wiring work of the complainant's residence. The Ist opposite party may be the contractor or supervisor, he might have done the work with his labourers. There is no evidence to show who is the person who conducted the work because the completion certificate is not produced. The complainant is an age old illetrate who is a coolie, he may not aware of the formalities for getting the completion certificate. He may have approached the Ist opposite party who is contractor who was appointed by the 2nd opposite party for doing the wiring work of the complainant. But the completion certificate may be issued by some other person who may be sometimes the friend or against of the Ist opposite party. The complainant alleges that the Ist opposite party was not having wiring licence. It is not produced by the Ist opposite party also. The poor coolie approached several times to the opposite parties for getting a certificate, only for getting Rs.1,000/- as subsidy. The complainant purchased his wiring goods from the 2nd opposite party, so it is a natural leniency to tell him about availability of the certificate. It is not proper to harass the poor old man. It is unfair trade practice from the opposite parties. The poor old man approached several times for getting that certificate, only for getting 1000/- rupees as subsidy. As per the complainant, it is huge amount and so approached several times to the opposite party for them. The reasonable amount is issuing from the Panchayath for the poor and SC communities by the act of our Government. That is denied by the opposite parties by the act. The direct connection of the 2nd opposite party is not proved by the complainant. But the receipt issued by the 2nd opposite party clearly states that the Ist opposite party is the Salesman of the 2nd opposite party and it is admitted by opposite parties also, by cross examination. By the act of the opposite parties, the complainant's right to get Rs.1000/- issued from the Panchayath is denied. So the Ist opposite party has to pay the amount to the complainant. The complainant approached several times at the 2nd opposite party's shop for the same. So the Ist opposite party has to pay Rs.2,000/- as compensation for the expenses incurred to the complainant for the same and for the inconveniences and mental pain caused to the complainant by the harassment made by the opposite parties.
 

Hence the petition allowed. The Ist opposite party is directed to pay Rs.3,000/- to the complainant as compensation and Rs.1,000/- for the cost of this petition within one month of receipt of a copy of this order, failing which the outstanding amount shall carry 12% interest per annum from the date of default.

Pronounced in the Open Forum on this the 31st day of October, 2008

Sd/-

SRI.LAIJU RAMAKRISHNAN(PRESIDENT)

Sd/-

SMT.SHEELA JACOB(MEMBER)

Sd/-

SMT.BINDU SOMAN(MEMBER)

APPENDIX

Depositions

On the side of Complainant :

PW1 - K.N.Kumaran

PW2 - Stephen John

PW3 - Baiju Thomas

On the side of Opposite Parties :

DW1 - K.Sunilkumar

Exhibits

On the side of Complainant :

Ext.P1(series) - Photocopy of Bills (3 Nos) issued from the 2nd opposite party's shop

Ext.P2(series) - Photocopy of Bills (2 Nos) issued by the KSEB

On the side of Opposite parties :

Nil