::BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AT BIDAR::
C.C. No.29/2017.
Date of filing: 06.05.2017.
Date of disposal: 31.07.2018.
P R E S E N T:-
(1) Shri. Jagannath Prasad Udgata, B.A., LL.B.,
President
(2) Shri. Shankrappa (Halipurgi),
B.A.LL.B.,
Member.
COMPLAINANT/S: 1. Sri Baburao S/o Gundaji,
Age:Major, Occ:
R/o Pandhari (Village)
Tq: Bhalki, Dist: Bidar.
( Rep.by Sri.Sugrivkumar., duly constituted
Attorney.)
VERSUS
OPPONENT/S: 1) The AEE, GESCOM Bhalki,
Opp.Govt.Bus Station Bhalki,
Dist: Bidar as an authorized officer of GESCOM.
2) The Line Man (Ravan-LM) Saigaon Division,
GESCOM Bhalki, Opp.Govt. Bus Station Bhalki,
Dist.Bidar as an Authorised Person at the time of
FIR done by GESCOM Vigilance Party Bidar.
3) The Bill Collector of Pandhari Villege
(Mr.Swami Halsikar) GESCOM Bhalki,
Opp.Govt. Bus Station Bhalki, Dist: Bidar as an
Authorised Person at the time of FIR done by
GESCOM Vigilance Party Bidar.
(By. Sri.Mahesh.S.Patil., Adv.)
:: J UD G M E N T ::
By Shri. Jagannath Prasad Udgata, President.
One Sri.Baburao S/0 Gundaji resident of village Pandhari, Tq: Bhalki, Dist: Bidar represented by his son Sugrivkumar, a duly constituted Power of Attorney is before this forum filing a complaint u/s 12 of the Consumer Protection Act of 1986. Albeit the pleadings of the complainant is most confusing and ambulatory, the contents can be surmised as hereunder.
2. That, the complainant was sanctioned electrical Metre vide R.R.No.PL-48774 on 13.06.2006 by remitting registration fee of Rs.120/- vide receipt No.14766 and Metre deposit charges of Rs.825/- vide receipt No.14767 of the even date. It is the say of the complainant that, contrary to the assertions of the opponents, no metre was issued or installed in his premises, though the monthly bills were being issued to him regularly and he used to remit the same. He has brought the fact of such non-installation to the opponents on several occasions and also to the metre reader who used to came to the complainants’ premises regularly to issue the bills.
3. When matter stood as such, on 23.09.2015, the vigilance team of GESCOM arrieved at his place, registered a case vide F.I.R.No.841/2015, alleging violation of section 135 of the Electricity Act, 2003, though there was no such violation or theft of electricity. He was never issued the copy of F.I.R. and later had obtained the same through R.T.I. Act. Even thereafter, on 24.09.2015 he once again renewed his request of installation of electronic metre but his request has not been heeded.
4. The complainant further states that, inspite of he paying the bills issued to him on regular basis, the GESCOM officers bringing a lineman to the spot, disconnected the service and concerned service wire was taken to GESCOM office in a stitched bag. After the disconnection also he was being billed by the opponents for a period of one year and he was being compelled to pay the bill amount (s), causing mental, economical, psychological tortures and also social stigmas.
5. Incoherently, the complainant also discusses about the disconnection of another metre R.R.No. PL 7184 supposed to have been installed in the same premises (Name of beneficiary not revealed) and collection of certain payments. However, the same not being related to the proceedings, we ignore the averments to that effect.
6. The further claim of the complainant is that, he requested the opponents to cancel the connection to R.R.No.PL-48774 on 23.02.2017, with a request for refund of the deposited amount but in turn was issued bill amounting to Rs.4229/- with G.C.No.44450 for which he alleges deficiency of service in the part of the opponents and is before this forum, seeking compensation on several counts.
7. The opponents, on notice have contested the case through Counsel of their choice and in the written versions have denied all the charges leveled against them, have justified the vigilance raid and registration of F.I.R. regular payment of bills by the complainant, the allegations of torture and black mail so also providing misleading facts and third degree treatment to the consumer. The opponents also claim hat, the complainant is not a consumer, his prayer of compensation is unjustified and on these grounds, the opponents seek dismissal of the case.
8. Documents as listed at the end of the order has been filed by the complainant. No document has been relied upon by the opponents. Both sides have filed their evidence affidavits. Complainant has filed written arguments, while the opponents filing a memo have adopted the contents of the versions as their arguments.
9. In view of the contrary assertions of both sides, the following points arise for our consideration.
- Is there any deficiency of service as alleged by the complainant?
- What orders?
10. Our answers to the points raised are as following:-
- In the affirmative.
- As per final orders owing to the following:-
:: REASONS ::
11. Point (1): The opponents admit about the sanction of electrical connection to the complainant vide R.R.No.PL48774 years back in 2006. However, they challenge the claim that, the metre was not installed in the premises. The crux of the problem to be found out is about the installation of electronic metre pertaining to connection R.R.No.PL 48774. Complainant is vociferous that, inspite of several coaxing, the opponents have never fixed the instrument. Juxtaposed to that, the opponents inpara-4of the versions deny that, the metre was not physically installed at the sanctioned premises. Asserting as such, in para-11 of the versions, it is stated that, the staffs opposite party had come to the house of the consumer to give connection and to install the metre but the consumer refused to take the connection.
12. Now the million dollar questions arise, if at all the connection and metre installation happened in 2006, as claimed in para-4 of the versions. What was the necessity of subsequent visits to the consumers’ premises? How at all could be the consumption charges was being levied and collected till 19.10.2015? (Relevant Annexure-G at Page26 of the bunch). We therefore feel that, the defences of the opponents are nothing but travesty of truth. Anglo-Saxon law, what we adopt is steadfast that, “Qui approbate, nemo reprobate”. We strongly deprecate such actions of the O.P.s.
13. The corollary ipso facto proves that, the opponents had only given connections, without metre installations, have continuously issued bills and collected consumption charges and are just building a facade to get out of their short comings. The misfeasances also put a question mark on the vigilance raid and registration of F.I.R. Therefore, we conclude that, there is a proven deficiency of service and answer this point accordingly.
14. Point No.2: Coming to compute a just award for the complainant, we observe the complainant has tried to inflate his claims exorbitantly on several heads, all imaginary. Out of all the claims only items No.1 and2 with compensation can be awarded to him, for which we proceed to pass the following:-
ORDER.
- The complaint is allowed in part.
- The opponents are jointly and severally held liable to refund a sum of Rs.120/- (deposit amount) and Rs.825/- (cost of metre received) together with a compensation of Rs.10,000/- to the complainant;
- No consumption charges to be levied on the complainant from 23.9.2015.
- Four weeks time granted to comply this order failing which an interest @ 12% p.a. would be payable from the date of complaint i.e. 06.05.2017, till realisation on the amounts at (b).
(Typed to our dictation then corrected, signed by us and then pronounced in the open Forum on this 31st day of July 2018).
Sri. Shankrappa H. Sri. Jagannath Prasad
Member. President.
Documents produced by the complainant
- Annexure.A-Original instrument of Power of Attorney.
- Annexure.B–Copy of extract of register showing the name of
complainant as consumer. - Annexure. C– Copy of representation date: 26.02.2015 submitted by
the complainant. - Annexure.D—Copy of the representation date: 28.05.2015 submitted
by the complainant. - Annexure. E– Copy of F.I.R. in Crime.No.841/2015 date: 23.09.2015
of vigilance Police Station GESCOM and its
enclosures.(5 sheets). - Annexure.F- Copy of the ledger evidence it issuance of bills and
collection their off by the GESCOM. - Annexure.G- Copy of money receipt date: 19.10.2015 pertaining to
R.R.No.PL48774. - Annexure.H- Copy of the representation of the complainant
date: 24.09.2015. - Annexure.J – Office copy of legal notice date: 31.10.2016 sent on
behalf of the complainant. - Annexure.K- Demand notice date: 07.02.2017 (copy) of GESCOM.
- Annexure.L- Copy of representation date: 23.02.2017 of the
complainant praying cancellation electrical
connection. - Annexure.M- Copy of bill issued by GESCOM.
- Annexure.N- Copy of Aadhar Card.
- Annexure-P-Affidavit of Sugrivkumar.
Document produced by the Opponents.
-Nil-
Witness examined.
Complainant.
- P.W.1- Sri. Sugrivkumar S/o Baburao P.A. holder of the
complainant.
Opponent.
- R.W.1- Sri. Anilkumar S/o Digambarao A.E.E. GESCOM Bhalki.
Sri. Shankrappa H. Sri. Jagannath Prasad
Member. President.
