Telangana

Khammam

CC/29/2016

Talluri Ramesh, S/o. Rangaiah, R/o. Seethanagaram Village, Bonakal Mandal, Khammam Dt, T.S - Complainant(s)

Versus

Superintending Engineer, Northern Power Distribution Company of Telangana Limited, Mamillagudem, Ne - Opp.Party(s)

Sri. T.Dilip

16 Apr 2018

ORDER

BEFORE THE DISTRICT CONSUMER FORUM AT KHAMMAM

Dated this, the 16^th day of April,2018

                  

CORAM:    1. Sri. P. Madhav Raja, _{B.Sc., M.Li.Sc. LL.M.,}– President

                        2. Sri. Kiran Kumar_{, B.Sc., LL.M.} – Member

 

                               C.C. No.29/2016

Between                              

Talluri Ramesh, S/o. Rangaiah,

Age: 55 Years, Occu: Agriculture,

R/o. Seethanagaram Village, Bonakal Mandal,

     Khammam District, Telangana State.

 

                                                                        …Complainant

                             And

1. Superintending Engineer,

Northern Power Distribution Company of Telangana Limited,

Mamillagudem, Near Saibaba Temple,

Khammam Corporation & District.

 

2. Assistant Divisional Engineer,

Northern Power Distribution Company of Telangana Limited,

Near Bus Stand, Madhira,

Khammam District.

 

3. Assistant Engineer,

Northern Power Distribution Company of Telangana Limited,

Near Railway Station, Bonakal,

Khammam District.                                                  

• Opposite parties

 

 

       This C.C. is coming before us for hearing in the presence of                Sri.Talluri Dilip, Advocate for complainant; Sri. G.Harendar Reddy Advocate for Opposite Party Nos.1 to 3; upon perusing the material papers on record; upon hearing arguments and having stood over for consideration, this Forum passed the following:-

                                      ORDER

             (Per Sri P. Madhav Raja, President)

 

         This complaint is filed under section 12(1) of the Consumer Protection Act, 1986. 

 

1. The set of brief facts in the complaint are that the complainant is a resident of Seethanagaram Village, Bonakal Mandal, Khammam district having agriculture as livelihood. The complainant is having an agriculture power connection of single phase with service number 630622-49, 630622-63 for his agriculture land which is admeasuring five 5 acres and 15 guntas in which he had sown paddy. The complainant faced problem with existing power line which was severally damaged and may cause to the public and the power supply was stopped due to the breakage of the current poles, for which the complainant made complaint to the Opposite Party No.1 stating that the connection to the service number 630622-49, 630622-63 were not properly fixed and only single phase connection was given. Originally LT connection to be given to the said service numbers but due to single phase connection recurrently power was disconnected due to which the watering was not made to the  said field and incurred damage to the Paddy crop. On 19-10-2015 the complainant gave complaint to opposite parties, but the opposite parties have not taken any steps towards rectification and complainant efforts went in vein. Therefore the complainant filed this case praying to take necessary action for illegal and violation of rules of electricity consumption Act and also direct the opposite parties to pay Rs.2.00,000/- towards damage of crop and for mental agony.

 

 2.      In support of his case, the complainant filed Affidavit and documents, which are marked as Exhibits A-1 to A-11.

 

1)      Ex.A-1 is the Photocopy of letter addressed by the complainant to the

Opposite Party No.1

2)      Ex.A-2  is the original bills (2) numbers.

3)      Ex.A-3 is the photocopy of Aadhaar card pertaining to the complainant.

4)      Ex.A-4 is the original Electricity bill receipt.

5)      Ex.A-5 is the photocopy of Pattedar Passbook pertaining to                   Talluri Sandeep.

6)      Ex.A-6 is the original Land Records Computerization Certificate of

Talluri Sandeep issued by Tahasildar through Meeseva dt:20-05-2016.  

7)      Ex.A-7 is the original Land Records Computerization Certificate of

Talluri Ramesh issued by Tahasildar through Meeseva dt:20-05-2016.

8)      Ex.A-8 is the original Land Records Computerization Certificate issued by

Tahasildar through Meeseva dt:20-05-2016.

9)      Ex.A-9 is the original Land Records Computerization Certificate issued by

Tahasildar through Meeseva dt:20-05-2016.

10)    Ex.A-10 is the original Land Records Computerization Certificate issued

by Tahasildar through Meeseva dt:20-05-2016.

11)    Ex.A-11 is the original Land Records Computerization Certificate issued

by Tahasildar through Meeseva dt:20-05-2016.

 

3.       On receipt of notice, the Opposite Party No.1,2&3 appeared through their counsel, filed Counter/Written Version, and denied the contentions of the complainant. Further the Opposite Parties stated that the Complainant Talluri Ramesh is having two connections in Seethanagaram village, Bonakal Mandal  jurisdiction of operation of Bonakal with service number 630622-49 is under SS No.16.6.3 Kv/2X250V single phase  15 KVA distributions and other service number  630600-63 is under  Ss No.17 6.3 Kv/2x02500v single phase  10 KVA distribution transform of Janakipuram distribution. On the complainant described day the Peddabeeravally feeder line was broke down and patrolling staff observed that the conductor was snapped in agriculture fields between Seethanagaram of Bonakal Mandal and Vallapuram distribution of Wyra Mandal and found that the existing farmers  have tried  to tap the existing phase 6.3 KV lighting line  to run illegally after completion of agricultural supply timing of 07.00 hrs per day. The prospective consumer is having only single phase 6.3 Kv/2x 250 V distributions transform for his 2 motors because of no three phase supply nearby and only single phase connections were sanctioned to Seethanagaram, Janakipuram, and Pedda beeravally areas. If consumer required three phase supply he has to apply for single phase to three phase conversion and has to bear estimated charges. Two months ago 11Kv/415 volts three phase distribution transformers at Seethanagaram distribution was executed  and supply  is available at the complainant service location. The complainant illegally tapped  his said motor service connections  to three phase  LT over head lines of Wyra section and the staff of Wyra section has disconnected the consumer service to protect the transformer distribution. The complainant doesn’t have any right to use his agriculture motor connection to Wyra section but does have only single phase power supply of Seethanagaram section only. Therefore the opposite parties are not liable for his crop damages and not at deficiency of service.

 

4.       In support of their contentions, the Opposite Parties 1,2 & 3 did not file any documents.

 

5.      Complainant filed written arguments and heard oral arguments of both sides.

 

6.      Upon perusing the material papers on record, now the point that arose for consideration is,

Whether the complainant is entitled for the claim?

Point:- According the material and records it is admitted fact that the  Complainant is resident of Seethanagaram village, Bonakal Mandal, Khammam district doing agriculture for his  livelihood in his 5 acres and 15 guntas land with power connection service number 630622-49, 630622-63 of single phase. The complainant averred in his complaint that connection to the service number 630622-49, 630622-63 were not properly fixed and  only single phase connection was given due to single phase connection recurrently power was disconnected due to which the watering was not made to the  said field and incurred damage to the Paddy crop. The complainant has not substantiated his contention with documentary evidence and the crop loss details are not furnished.

 

The opposite parties contended that Complainant Talluri Ramesh is having two connections in Seethanagaram village, Bonakal Mandal  jurisdiction of operation of Bonakal with service number 630622-49 is under SS No.16.6.3 KV/2X250V single phase  15 KVA distribution and other service number  630600-63 is under  SS No.17 6.3 Kv/2x02500v single phase  10 KVA distribution transform of Janakipuram distribution. The complainant illegally tapped his said motor service connections to three phase LT over head lines of Wyra section and the staff of Wyra section has disconnected the consumer service to protect the transformer distribution. The opposite parties contentions are also not substantiated  with any documentary evidence in their support however the opposite parties categorically accepted to change the phase one to three as 11Kv/415 volts three phase distribution transformers  at Seethanagaram distribution was executed  and supply  is available at the complainant service location on payment of conversion charges. Therefore we don’t find any deficiency of service with the opposite parties and complainant is directed to go for conversion of phase by paying conversion charges and point is answered against the complainant.

 

 

 

 

7 :-    In the result the complaint is dismissed and as no costs

(Typed to dictation, corrected and pronounced by us in the open forum, on this the 16^th  day of April, 2018).

                                                                                       

 

                                               

         Member                             President

                                                 District Consumer Forum, Khammam.

 

APPENDIX OF EVIDENCE

WITNESSES EXAMINED:-

For Complainant                                                    For Opposite parties  

       None                                                                          None

DOCUMENTS MARKED:-

For Complainant                                                    For Opposite parties

   

Ex.A1:-	is the Photocopy of letter addressed by the complainant to the Opposite Party No.1		NIL
Ex.A2:-	is the original bills (2) numbers.
Ex.A3:-	is the photocopy of Aadhaar card pertaining to the complainant.
Ex.A4:-	is the original Electricity bill receipt.
Ex.A5:	is the photocopy of Pattedar Passbook pertaining to                   Talluri Sandeep.
Ex.A6:-	is the original Land Records Computerization Certificate of Talluri Sandeep issued by Tahasildar through Meeseva      dt:20-05-2016.
Ex.A7:-	is the original Land Records Computerization Certificate of Talluri Ramesh issued by Tahasildar through Meeseva dt:20-05-2016.
Ex.A8:-	is the original Land Records Computerization Certificate issued by Tahasildar through Meeseva dt:20-05-2016.
Ex.A9:-	is the original Land Records Computerization Certificate issued by Tahasildar through Meeseva dt:20-05-2016.
Ex.A10:	is the original Land Records Computerization Certificate issued by Tahasildar through Meeseva dt:20-05-2016.
Ex.A11:	is the original Land Records Computerization Certificate issued by Tahasildar through Meeseva dt:20-05-2016.

 

 

                                               

            Member                          President

                                                 District Consumer Forum, Khammam.