| Complaint Case No. CC/10/45 |
| | | | 1. AMT Star TV Links, kothagudem, rep. by its Proprietor, M.L.Narasimham, s/o.Mohan Rao, age: 42 years, r/o.H.o.6-4-3, Netaji Market, Kothagudem. | | AMT Star TV Links, kothagudem, rep. by its Proprietor, M.L.Narasimham, s/o.Mohan Rao, age: 42 years, r/o.H.o.6-4-3, Netaji Market, Kothagudem. | | Khammam | | Andhra Pradesh | | 2. M.Anasurya, w/o.late Venkatappa Rao, age:83 years, occu: House hold, r/o.H.o.6-4-3, Netaji Market, Kothagudem | | M.Anasurya, w/o.late Venkatappa Rao, age:83 years, occu: House hold, r/o.H.o.6-4-3, Netaji Market, Kothagudem | | Khammam | | Andhra Pradesh |
| ...........Complainant(s) | | Versus | | 1. The Accounts officer, APNPDCL, Kothagudem | | The Accounts officer, APNPDCL, Kothagudem | | Khammam | | Andhra Pradesh | | 2. 5. The Divisional Engineer, APNPDCL, Kothagudem | | 5. The Divisional Engineer, APNPDCL, Kothagudem | | Khammam | | Andhra Pradesh | | 3. 6. The Superintendent Engineer, APNPDCL, Khammam | | 6. The Superintendent Engineer, APNPDCL, Khammam | | Khammam | | Andhra Pradesh |
| ............Opp.Party(s) |
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| ORDER | | BEFORE THE DISTRICT CONSUMERS FORUM AT KHAMMAM Dated this, the 3rd day of December, 2010 CORAM: 1. Sri Vijay Kumar, B.Com., L.L.B. - President, 2. Smt.V.Vijaya Rekha, B.Sc. B.L. - Member 3. Sri R. Kiran Kumar, B.Sc. L.L.B - Member C.C. No.45/2010 Between: 1) AMT Star TV Links, Kothagudem, rep. by its Proprietor M.L. Narasimham, S/o Mohan Rao, Age:42years, R/o H.No.6-4-3, Netaji Market, Kothagudem. 2) M. Anasurya W/o Late Venkatappa Rao, Age:83years, Occu:Household, R/o H.No.6-4-3, Netaji Market, Kothagudem. …Complainants And 1) The Accounts Officer, APNPDCL, Kothagudem. 2) The Divisional Engineer, APNPDCL, Kothagudem. 3) The Superintendent Engineer, APNPDCL, Khammam. …Opposite parties. This C.C. came before us for hearing in the presence of Sri. A.Ravindra, Advocate for complainant and Sri G.Harender Reddy, Advocate for opposite parties; upon perusing the material papers on record; upon hearing arguments and having stood over for consideration, this Forum passed the following:- ORDER (Per Smt.V.Vijaya Rekha, Member) This complaint is filed under section 12(1) of the Consumer Protection Act, 1986. The brief facts of the complaint are that the complainant No.1 is a cable operator and running cable network at Kothagudem. The complainant No.2 is having electric service connection in the name of her husband, late Venkatappa Rao vide service connection No.13900-00045 under category-I. For running his business the complainant No.1 utilizing 50 electric poles of the opposite parties and paid the charges as per by directions of AP state government,i.e Rs.20/- per pole in municipal surroundings and Rs.15/- in the Grampanchayat areas. The opposite parties collecting the bills under service connection No.13900-00045 as per the rules and regulations of the Department. The complainants further submitted that he is utilizing the electric poles in Lakshmidevipalli, grampanchayat area from 1st line to 5th line and paid the bills from time to time. On sudden surprise, the opposite party No.1 issued a bill for Rs.18,132/- for the month of April 2010 towards utilization charges and among the said bill amount, the opposite parties demanded to pay Rs.16,230/- towards utilization of electric poles, which is very excess and illegal. The complainants also submitted that the opposite parties conducted regular inspections and enquiries from time to time, even though, they issued excess bill, which amounts to gross negligence and deficiency of service on their part, due to which, the complainants underwent apprehension of disconnection and suffered a lot. Therefore, sought relief from the opposite parties along with a prayer to direct the opposite parties to declare the bill for the month of May 2010 as illegal and void and not to disconnect the power supply on service connection bearing No.13900-00045 and to collect the charges as per the actual utilization of poles and Rs.5,000/- towards damages and costs. 2. In support of averments of the complaint, the complainant No.1 filed his affidavit and filed the following documents, which were marked as Exhibits. Ex.A1:- Electricity consumption bill dt.18-05-2010, for the month of April 2010, vide service connection No.13900-00045. Ex.A2:- Electricity bills (13 in No.), payment receipts (13 in No.) 3. Having receipt of notice, the opposite parties appeared through their counsel and filed counter, by denying the averments made in the complaint. In the counter, the opposite parties submitted that the complainant No.1 utilizing 27 electric poles in different areas by paying monthly amount of Rs.20/- per pole in municipal areas and Rs.15/- in panchayat areas. As per the instructions of the department wide T.O.O.MS.NO.12 dt.9-4-2001 and N.O.O.(CS) M.S.No.206 dt.26-11-2005, the fines and penalties are being collected from such cable T.V operators and also submitted that the complainant No.1 is running cable network since 1992 and basing on the field information, number of connections is being raised from 04/2001 onwards and basing on the complaint of some residents regarding the misuse of poles and loss of revenue, an enquiry was conducted among the cable operators and department staff and basing on the enquiry report, the Divisional Engineer/Q.C.& E/Warangal submitted report and observed that the demand was raised and as such they issued a bill for Rs.16,230/- as per the rates specified by the company. The opposite parties further submitted that no field officer had threatened to disconnect the power supply and they have given sufficient time for payment of bills and as such there is no fault on the part of them as the period and number of poles, already agreed by the complainant in his written statement and as such prayed to dismiss the complaint. 4. Along with the counter, the opposite parties filed the following documents, those were marked as exhibits. Ex.B1:- Files and penalties working sheet, for Service Connection No.5734, issued by the A.A.O., E.R.O., Kothagudem. . Ex.B2:- Files and penalties working sheet, for Service Connection No.3946, issued by the A.A.O., E.R.O., Kothagudem.. Ex.B3:- Files and penalties working sheet, for Service Connection No.45, issued by the A.A.O., E.R.O., Kothagudem. Ex.B4:- Written statement of the complainant, dt.08-08-2009. ExB5:- Sketch of the utilization of respective areas [7 areas]. Ex.B6:- Statement:N-16, dt.08.08.2009. Ex.B7:- Statement showing the utilization of number of poles. Ex.B8:- Enquiry report. 5. Along with the complaint, the complainant No.1 filed an I.A. by praying to direct the opposite parties not to disconnect the power supply under S.C No.13900-0045, accordingly this forum issued interim order on payment of Rs.1,902/- towards usage charges, subsequently extended the orders in I.A.56/2010 till the date of disposal of main case. 6. In view of the above submissions, now the points that arose for consideration is, 1) Whether the complaint comes under the purview of Consumer Protection Act and what relief, the complainant is entitled? Pont No.1:- It is the case of the complainants that the complainant No.1 is working as a cable operator and running cable network in Kothagudem Area and utilizing the electric poles of the opposite parties by paying Rs.20/- per month in municipal areas and Rs.15/- per month in panchayat areas, the opposite parties collected the said amounts under service connection bearing No.13900-00045 and for which, the opposite parties issued the bills in said service connection The complainant regularly paid the bills without interruption even though, the opposite parties issued excess bill for Rs.18,132/- for the month of April, 2010 among which, they demanded to pay Rs.1,902/- towards regular payments and Rs.16,230/- towards charges for utilization of electric poles, which is illegal and arbitrary and sought for relief, on the other hand, the opposite parties resisted the case of the complainant by filing enquiry report, issued by the Divisional Engineer ELECL., Warangal. After having perused the averments of complaint and entire record filed by both the parties, we observed that the complainant No.1 has been running his cable network business in various areas of Kothagudem Town and having number of connections through out the municipal and panchayat areas of Kothagudem town and for which, he deputed number of persons, in day to day works on payment of remuneration and as such it is clear that he could not run the business with out the help of others. Therefore, it seems that the services availed from the opposite parties were not for the purpose of earning his livelihood and as such we feel that it is a commercial transaction, which does not come under per view of consumer protection act-1986 and section (2) (d) (ii) of C.P Act, 1986 specifically bars the commercial transactions. The complainants are knocking the wrong doors and as such we do not go in to the merits of the case and the point is answered accordingly by holding that the complainants are at liberty to approach proper Forum on their grievance. 7. In the result, the complaint is disposed, accordingly the complainants are at liberty to approach proper Forum for redressal. Typed to my dictation, corrected by me and pronounced by us, in this Forum on this 3rd day of December, 2010. President Member Member District Consumers Forum, Khammam APPENDIX OF EVIDENCE Witnesses examined for complainant and opposite parties: -None- Exhibits marked for complainant:- Ex.A1:- Electricity consumption bill dt.18-05-2010, for the month of April 2010, vide service connection No.13900-00045. Ex.A2:- Electricity bills (13 in No.), payment receipts (13 in No) Exhibits marked for opposite party:- Ex.B1:- Files and penalties working sheet, for Service Connection No.5734, issued by the A.A.O., E.R.O., Kothagudem. Ex.B2:- Files and penalties working sheet, for Service Connection No.3946, issued by the A.A.O., E.R.O., Kothagudem.. Ex.B3:- Files and penalties working sheet, for Service Connection No.45, issued by the A.A.O., E.R.O., Kothagudem. Ex.B4:- Written statement of the complainant, dt.08-08-2009. ExB5:- Sketch of the utilization of respective areas [7 areas]. Ex.B6:- Statement:N-16, dt.08.08.2009. Ex.B7:- Statement showing the utilization of number of poles. Ex.B8:- Enquiry report President Member Member District Consumers Forum, Khammam. | |
