This C.C. came before us for hearing in the presence of Sri. K. Upender Reddy, 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:-

O R D E R

(Per Sri. R. Kiran Kumar, Member, FAC President)

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

2.       The averments made in the complaint are that the complainant is the owner of the house bearing No.1-3-67/C and his name was also entered in Municipal records.  The complainant submitted that he has purchased open site through registered sale deed bearing No.8430/2014 of SRO, Khammam and constructed a house by obtaining permission from the Municipal authorities for which Municipal authorities issued new assessment bill, also the complainant paid necessary charges on 04-07-2015 and 16-11-2015 through Me-Seva to the opposite party for power supply meter and the opposite party allotted with electric service connection bearing No.16145.  The complainant further submitted that on 05-12-2015 by evening at 3:30 PM the opposite party suddenly came  to the house of the complainant without giving intimation or notice and without explaining the reasons has disconnected the power supply connection, immediately the complainant approached the opposite party office but the opposite party refused to explain the reasons for disconnection.  The complainant also submitted that he is having daughter and son are studying in degree 1^st year and 10^th class, this is the exams time and the children of the complainant who are studying facing so many problems, it is very much necessary to restore the power connection to the house of the complainant who has legally obtained the said connection from the opposite party, complainant have no other way except initiating the legal process before this Forum as such the complainant filed the present complaint.

3.       Along with the complaint, the complainant filed affidavit and photocopies of following documents, those were marked as Exhibits A1 to A5.

Ex.A1:- Photocopy of the Registered sale deed bearing No.8430/2014.

Ex.A2:- Photocopy of ownership certificate dated. 17-11-2015 issued by Municipality, Khammam reflecting the door No.1-3-67/C.

Ex.A3:- New assessment house tax bill w.e.f. 01-10-2015 issued by Municipal Commissioner, Khammam.

Ex.A4:- Photocopy of School fee receipt, dt. 02-10-2015.

Ex.A5:- Original bills (Nos. 2) issued by Me-Seva paid for sanction of the Electric power supply meter.

4.       On receipt of notice, the opposite parties appeared through their counsel and filed counter in their counter the opposite parties admitted that the complainant had applied for new service connection on 14-07-2015 vide application No.02150024412 while submitting the application through Me-Seva, the complainant had produced only registered sale deed bearing No.8430/2015 and has not produced any document pertaining to the local body i.e. Khammam Municipal Corporation, accordingly the same was informed to the complainant and his application was rejected.  The opposite party further submitted that on 16-11-2015 by paying an amount of Rs.60/- the complainant had registered his application along with producing the Khammam Municipal corporation New Assessment Notice of Property Tax on his name with house No.1-3-67/C and also produced ownership document from Municipal corporation, Khammam vide Roc No.A1/5808/2015, dt. 17-11-2015, also submitted an indemnity bond stating that he required a electricity service connection to the above said house and he will be held responsible for all legal complications if any there are and in case any legal complication arise the opposite party at liberty to disconnect the service connection.   The opposite party also submitted that after receiving all the required documents sanctioned the service connection No.89591 was released on 18-11-2015 and not SC.No.16145 as stated by the complainant.  The opposite party also submitted that they came to know that vide Roc.No.A1 24035/15/2015, dt.01-12-2015 the Commissioner of Khammam Municipal Corporation had issued proceedings that without knowing the pendency of the case between the complainant and one M. Venkata Narayana in the court, the Corporation had allotted house number to Sri. T. Ramu and there are property disputes regarding the house No.1-3-67/C in between T. Ramu and Medi Venkata Narayana,   the allotment of house No.1-3-67/C was cancelled with an immediate effect.  The opposite party also submitted that M. Venkata Narayana had submitted an application to the opposite party along with orders in IA.No.740/2015 in OS.No.301/2015 and requested to cancel the service connection issued to the complainant.  They also submitted that the Khammam Municipal Corporation had already cancelled the house no.1-3-67/C allotted to Sri. T. Ramu and basing on the representation of Sri. M. Venkata Narayana and basing on indemnity bond submitted by the complainant before taking service connection the opposite party disconnected the service connection given to the complainant on 03-12-2015, however, as per the orders in IA.No.118/2015 passed by the Hon’ble Forum the supply was restored on 09-04-2015.  The opposite party further submitted that to avoid further complications as the matter is involved in Civil Dispute prayed to dismiss the complaint. 

5.           Along with their counter the opposite party filed documents which are marked as exhibits B1 to B10.

Ex.B1:- Photocopy of New Connection application dt. 15-11-2015.

Ex.B2:- Photocopy of Me-Seva fee payment receipt dt. 14-07-2015.

Ex.B3:- Photocopy of Sri. T. Ramu dt. 20-11-2014.

Ex.B4:- Photocopy of Me-Seva re-payment receipt dt. 16-11-2015.

Ex.B5:- Photocopy of Special Notice of Property Tax New Assessment or Amendment dt.    11-2015.

Ex.B6:-Photocopy of Ownership Document letter from Municipal Corporation, Khammam Dt. 17-11-2015.

Ex.B7:-Photocopy of Indemnity Bond before the NPDCL dt. 18-11-2015.

Ex.B8:-Photocopy of proceedings of the Municipal Commissioner, Khammam letter Roc.No.A1/24035/2015/dt. 01-12-2015.

Ex.B9:-Photocopy of complaint application of M. Venkata Narayana to ADE – III Town, Khammam.

Ex.B10:-Photocopy of order copy in IA.No.740/2015 in OS.No.301/2015 on the file of Prl. Junior Civil Judge, Khammam.

6.       Heard oral arguments from both sides.

7.       In view of the above submissions, now the point that arose for consideration is,

          Whether the complainant is entitled to the relief

                    as prayed for?

Point:-                  

          There is no dispute regarding the issuance of New service connection to the complainant by the opposite party vide service connection No.89591 was released on 18-11-2015. According to the opposite party after issuance of new service connection one Medi Venkata Narayana approached the ADE – III Town, Khammam and submitted an application along with proceedings of Municipal Commissioner, Khammam vide Roc.No.A1 24035/15/2015/dt. 01-12-2015 that without knowing the pendency of case between the complainant and one M. Venkata narayana in the court, the Corporation had allotted house number to Sri. T. Ramu i.e. to the complainant and there are property disputes regarding the house No.1-3-67/C.  The allotment of house No.1-3-67/C issued in favour Sri. T. Ramu was cancelled with immediate effect basing on the representation of M. Venkata Narayana and basing on the Indemnity bond submitted by the complainant, the opposite party disconnected the service connection given to the complainant on 03-12-2015. 

          From the documents and material available on record, we observed that the complainant approached this Forum by suppressing the material facts and by not disclosing Suit IA.No. 740/2015 in OS.No.301/2015 is pending before the Hon’ble Prl. Junior Civil Judge, Khammam obtained interim order in IA.No.118/2015 in CC.No.49/2015 of this Forum and the supply was restored on 09-12-2015 by the opposite party.  From the documents submitted by One M. Venkata Narayana, after thorough enquiry, basing on the proceedings vide Roc.No.A1 24035/15/2015/ dt. 01-12-2015 of Municipal Commissioner, Khammam Municipality, the opposite party disconnected the service connection bearing No.89591 on 03-12-2015.   From the above we are of the opinion that as the complaint is having various issues which are in civil nature and the complainant approached this Forum with unclean hands by suppressing the material facts as such this point is answered accordingly against the complainant.

8.       In the result, the complaint is dismissed. No costs.

           Typed to my dictation, corrected by me and pronounced by us, in this Forum on this the      day of January, 2016.                                                          

                     FAC President              Member

District Consumer Forum, Khammam

APPENDIX OF EVIDENCE

WITNESSES EXAMINED:-

For Complainant:-                                                     For Opposite party:-   

       -None-                                                                           -None-

DOCUMENTS MARKED:-

For Complainant:-                                                     For Opposite party:-   

FAC President               Member

District Consumer Forum, Khammam.