This C.D coming on before us for final hearing, on 25-10-2007   in the presence of Sri.G.S.R.Sharma, Advocate for complainant  and of Sri. G.Harender Reddy, Advocate for  opposite party   ;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 )

1.         This complaint is filed under section 12(1) (a) of the Consumer Protection Act, 1986 with the following averments;

2.     The brief facts of the complaint are as under; 

            The complainant is having residential Houses and shop  and carrying  business in Trunk  Road, Nelkondapally(V) & (M), Khammam District and provided with electrical connections vide service connection No’s 301,1965, 752 (Domestic) and S.C.NO481(Non-domestic) for his shop and the complainant is paying the electrical Consumption charges regularly to the N.P.D.C.L.,Nelkondapalli    and in the meanwhile the complainant kept his

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meter vide S.C.No.1965 in the   adjacent Kiosk (Baddi Shop) in order to prevent the meter from water as the construction work is in progress in his house, and subsequently the complainant requested the opposite party to shift the meter and fix the same in his house, and the opposite party did not obliged his request and surprisingly issued monthly bill pertaining to the month of may, 2006 bill dated 3-5-06, by mentioning the S.C.No.1965 as Non-domestic and also changed the category and demanded to pay a penalty of Rs.2000/-.  The complainant approached the opposite party on 10-5-06 and made a representation to review the matter and to fix the meter in his house by changing the category and by canceling the penalty of Rs.2000/- imposed but the opposite party did not respond properly.   On the other hand threatening the complainant to disconnect all his electrical connections and as such the complainant approached the Forum by praying the Forum to direct the opposite party to fix the S.C.No.1965 in his house and also to cancel the penalty of Rs.2000/- and the complainant also seeks costs from the opposite party.

3.         Along with the complaint the complainant filed his affidavit and also filed (i) Original electricity payment receipt bill dated 23-3-06 pertaining to S.C.No.1965 for Rs.146/- (ii) Electricity payment receipt bill dated 25-8-06 pertaining to S.C.No.1965 for Rs.1079/- (ii) Bill dated 3-9-06 of S.C.No.1965 (iv) Bill dated 3-3-06 of S.C.No.1965(v) Bill dated 9-7-06  S.C.No.1965(vi) Bill dated 3-5-06  S.C.No.1965(vii)Bill dated 3-9-06 S.C.No.752(viii)Bill dated 3-9-06 of   S.C.No.481(ix) Bill dated 5-11-06 of S.C.No.301(x)Payment receipt  dated 22-9-06 of S.C.No.752(xi)Payment receipt  dated 22-9-06 of S.C.No.481(xii) Receipt with endorsement of Engineer Incharge Consumer Services Center, Khammam.(xiii) Letter dated 10-5-0-6 by the complainant  to the A.A.E. (xiv)Letter dated 10-5-0-6 by Sri. K.Pullaiah to the A.E. Operations, Nelakondapalli.

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4.         After receipt of notice from this Forum the opposite party appeared through their counsel and filed counter by denying the allegations leveled against them in the complaint.

5.         The contention of the opposite party in its counter is that the complainant utilizing the    S.C.no.1965 for commercial purpose by keeping the said meter in the adjacent Barber shop and after noticing  the same in their inspection they changed the category from domestic to non-domestic and as such the act of the opposite party is according to the inspection only and further stated that on the  representation of the complainant Assistant Divisional Engineer, along with the A.A.O.  and the opposite party went to the  premises of the complainant on 20-11-06 and found that the S.C.No.1965 was still existing in the Buddy shop of a Barber and the ADE enquired the said Barber  and he revealed that he is utilizing   the electricity from S.C.No.1965 and as such the category was changed and the penalty was imposed as per their rules and regulations and the opposite party further contended that the complainant without utilizing the chance of appeal to higher authorities, straightaway filed the complaint against them,  as such prayed to dismiss the complaint.

6.     The complainant filed written arguments.

7.     Inview of the above submissions made by both the parties now the point for consideration is whether the complainant is entitled to any relief as prayed or not?

8.     As seen from the complaint and counter there is no dispute regarding the issuance of service connection No.1965 for domestic purpose and the dispute arised between the complainant and the opposite party is only  with regarding to the utilization of the said meter.  As per the complaint, he kept the said meter temporarily in the adjacent Buddy shop    (kiosk)  as a safety measure as he was constructing  First   floor over his house and  after  the  completion  of   the 

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construction work, he requested the opposite party to fix the meter in his house, but the opposite party did not responded.  If it is the case of the complainant the complainant did not filed any proof to that effect to show that he approached the opposite party for fixing the said S.C.No,1965 in his house after completion 

of the First floor construction. Moreover, from the averments of the complaint it is clear   that there is no need to the complainant to fix S.C.No.1965 in the adjacent Kiosk (Buddy shop) as he is having sufficient room to keep said meter in  his own premises.  The complainant speaks that he  kept  the meter in the adjacent kiosk, but did not  mention that the said Kiosk was pertaining to  a Barber, who is running a Barber shop in the said Buddi (Kiosk).  Even  after filing of the counter by the opposite party the complainant did not filed any clarification regarding this aspect and this itself shows that the complainant did not approached  the Forum with  clean hands and as such this point  is answered accordingly against the complainant by holding that the complainant is not entitled to any relief as prayed.

9.     Hence the C.C. is dismissed.   There is no order as to costs.

Dictated  to Stenographer transcribed by her, Corrected and pronounced by us, in this Forum on this 31st    day of October, 2007.

                                                                   President            Member              Member

                                                                     District Consumers Forum, Khammam

APPENDIX OF EVIDENCE

WITNESS EXAMINED FOR

Complainant                                                                                     Opposite parties

Nil                                                                                                        Nil

DOCUMENTS MARKED FOR

Complainant

            Nil                                                                   Opposite parties

                                                                                            Nil                                                                                                                                                                                

                                                        President             Member             Member                                                             District Consumers Forum, Khammam