BEFORE THE DISTRICT FORUM: KURNOOL

Present: Sri. T.SundaraRamaiah, B.Com B.L., President

And

Sri.M.Krishna Reddy, M.Sc., M.Phil., Male Member

And

Smt. S.Nazeerunnisa, B.A., B.L., Lady Member

Friday the 13^th day of May, 2011

CC.No.92/2010

BETWEEN:

Smt.Neelavathi, W/o Chandraiah,

H.No. 3/138, Gadiganuru Village,  ChagalamarriMandal.             

   …Complainant

-Vs-

1. The Assistant Engineer,APCPDCL,

    Chagalamarri,         Kurnool District.

2. The Superintending Engineer,APCPDCL,

    Near New Bus stand, Kurnool.

        …Opposite Parties

This complaint is coming on this day for orders in the presence of Sri M.SivajiRao, Advocate for complainant and Sri A.ChandraMouleeswara Reddy, Advocate for opposite parties 1 and 2 for upon perusing the material papers on record, the Forum made the following.

ORDER

(As per Sri. T.SundaraRamaiah, President)

CC. No. 92/2010

1. This complaint is filed under section 11 and 12 of C. P. Act, 1986

Praying:-

(a)    To direct the opposite parties jointly and severally to pay Rs.90,000/- towards crop loss;           

(b)    To paya sum of Rs.10,000/- towards the compensation and causing the complainant to suffer mental agony and hardship;

1. To pay the costs of this complaint;

1. To pass any such order or orders which are deem to be fit and proper in the circumstances of the case.

2.     The case of the complainant in brief is as under:- The complainant is the owner of 3 Acres 46 Cents of land in Sy.No.343 of Gadiganuru Village of ChagalamarriMandal.  In the year 2004 the complainant took electricity connection bearing No.360 to her bore well for the supply of water to her land.  Since then the complainant is cultivating her land by drawing water through the bore well.  The complainant is paying electricity consumption charges regularly.  In the year 2009 the complainant raised green chilly crop in an extent of 1 Acres 30 Cents.  He purchased green chilly seeds for Rs.5,000/-  and animal manure for Rs.5,000/-.  On 7^th and 8^th of June 2009 the electricity pole fell downand power supply was disconnected. Immediately the complainant and her husband informed the same to opposite party No.1.  Opposite party No.1 demanded Rs.14,000/- for restoration of the power supply.  On 06-07-2009, 13-07-2009, 17-08-2009 and on 23-08-2009 the complainant and her husband attended the “Prajadarbar” in Kurnool Collectorate and submitted their grievance to the District Collector. The crop in the land of the complainant dried up due to non-supply of water.  On 24^th or 25^th July 2009, opposite party No.1 leisurely restored the pole and gave power supply to the motor.  Due to non-supply of power for 46 days the entire chilly crop in the land dried up and the complainant suffered total loss of crop.  Tahsildar of Chagalamarri submitted to the District Collector about the crop loss in the land of the complainant due to non-supply of power.  The crop in the land of the complainant dried up due to the negligence of the opposite parties.  The complainant incurred loss of Rs.90,000/-.  Inspite of legal notice dated 30-11-2009 the opposite parties not paid any compensation to the complainant.  Hence the complaint.

3.     Opposite party No.1 filed written version and the same is adopted by opposite party No.2.  It is stated in the written version that the complaint is not maintainable.  The complainant has not mentioned the date on which the electricity pole fell down.  Inthe paper publications filed by the complainant also the date on which the electricity pole fell down is not mentioned.  The complainant admitted in her complaint that the opposite parties restored the electricity pole.  Hence there is no deficiency of service on the part of opposite parties.  The complainant along with eight farmers got electricity connection under S.S.6 Godiganur 63 K.V.A.  There is no application of other farmers about the non-supply of electricity.  InEenadu paper dated 12-01-2010 it is mentioned that the complainant has incurred loss to a tune of Rs.2,00,000/-.  The opposite parties restored the power supply by erecting pole within one week from the date of receipt of the complaint.  Suppressing the facts the complainant filed the present complaint withmalafied intention to harass the opposite parties.   The husband of the complainant is a petitioner monger.  Becauseof their improper supervision or care, the complainant might have sustained crop loss.  There is no deficiency of service on the part of the opposite parties.    The complaint is liable to be dismissed.

4.     On behalf of the complainant Ex.A1 to A15 are marked and the sworn affidavit of complainant is filed.  On behalf of the opposite parties Ex.B1 is marked and the sworn affidavit of opposite party No.1 is filed.

5.     Both sides filed written arguments.

6.     The points that arise for consideration are:

1. Whether there is deficiency of service on the part of the opposite parties?

1. Whether the complainant is entitled to the reliefs as prayed for?

1. To what relief?

7.     POINTS 1 and 2:- It is the case of the complainant that she is the owner of an extent of 3 Acres 40 Cents of land covered by Sy.No.343 of Gadiganure Village of ChagalamariMandal and that she is cultivating the said land through bore water.  It is further case of the complainant the she got electricity service connection No.360 to her bore well.  The complainant in her sworn affidavit clearly stated the she got an extent of 3 Acres 40 Cents of land and the she obtained electricity service connection No.360 to her bore well.  To prove that the complainant got an extent of 3 Acres 40 Cents in Sy.No.343 of Gadiganurushe relied on Ex.A1 copy of Pattadar Pass Book. From Ex.A9 copy of adangalit is very clear that the complainant got an extent of 3 Acres 40 Cents in Sy.No.343 of Gadiganuru Village.  The complainant also filed Ex.A3 Electricity Pass Book and Ex.A4 bunch of electricity bills.  They go to show that the complainant is having service connection No.360 and paying consumption charges.  It is further case of the complainant that in the year 2009 she raised chilly crop in an extent of 1 Acre 30 Cents.  In Ex.A9 copy of adangal for the year 2009 it is mentioned that the complainant raised         chilly crop an in extent of 1 Acre 30 Cents covered by Sy.No.343 of Gadiganuru Village.

8.     It is the case of the complainant that the electricity pole near her land fell down and that power supply was disconnected to her motor from                    08-06-2009 to 24-07-2009.  It is the case of the complainant that she and her husband attended ‘Prajadarbar’ in Kurnool Collectorate and submitted theirGrievance to the District Collector.  In Ex.A5 publication dated                             13-07-2009 it is mentioned that the husband of the complainant gave a representation in ‘Prajadarbar’ stating that the electricity officials were not giving a power supply by erecting new pole.   The complainant also filed Ex.A13 report of the TahsildarChagalamarri submitted to the District Collector.  In the said report Ex.A13 it is mentioned that bore well in the land of the complainant collapsed in the month of June 2009 due to the non-supply of electricity. It is also mentioned in Ex.A13 that the Transco people restore the electric pole on 24-07-2009 and meanwhile the chilly crop in the complainant land was damaged.  Basing on the report of the Tahsildar the District Collector addressed a letter to opposite party No.2 to take action regarding the matter.  From the evidence available on record it is very clear that the chilly crop in an extent of 1 Acre 30 Cents was damaged due to non-supply of water through the bore well.  The bore well did not function an account of non-supply of power.   There was no power supply to the motor of the complainant from the 08-06-2009 to 24-07-2009 as the pole connecting the service wire fell down.  Tahsildar submitted enquiry report to the District Collector basing on the statements ofMandal Revenue Officer,                  Village Revenue Officer and the complainant.  In Ex.A13 report the Tahsildar clearly mentioned that the Transco people have not taken any initiation in due course for restoring the collapsed electric pole and as a result the chilly crop in the land of the complainant was damaged.  From Ex.A13 report of the Tahsildar and EX.A14 office note of the District Collector it is very clear that the crop in the land of the complainant was damaged due to the negligence on the part of opposite party No.1in restoring the pole.  In view of the documentary evidence available on record we have no hesitation to hold that there was deficiency of service on the part of opposite party No.1.

9.     The complainant claims an amount of Rs.90,000/- towards crop loss.  No doubt in Ex.A13 report the Tahsildar informed the District Collector that chilly crop in the land of the complainant was damaged due to lack of initiation  on the part of the Transco people.   It is not mentioned in Ex.A13 the value of crop damaged in the land of the complainant.  In the statement of Chandraiah husband of the complainant, he stated that they sustained loss of Rs.60,000/- due to the negligence in restoring the power supply by Assistant Engineer.  In Ex.A15 legal notice got issued by the complainant also it is mentioned that the complainant sustained crop loss of Rs.60,000/- and Rs.20,000/- towards  expenditure.  But suppressing the complainant is presently claiming Rs.90,000/- towards loss of crop.  The complainant filed Ex.A9 copy of adangal for the year 2009. In Ex.A9 also there is no mention about value of crop damaged.The complainant did not file the affidavitsof her neighbours to show that she purchased seed worth of Rs.5,000/-.  The complainant is not certain as to the actual loss sustained by her due to the failure of the crop.   As already stated in Ex.A15 the complainant mentioned that she spent Rs.20,000/- towards expenditure.  In the absence of satisfactory evidence we are not inclined to grant an amount of Rs.90,000/- as claimed by the complainant.  The complainant must have sustained loss of Rs.10,000/- due to failure of chilly crop in her land in the year  2009 an account of non-supply of power supply.  As already stated there is a documentary evidence on record to show that opposite party No.1 neglected to restore powersupply to the motor of the complainant immediately.  Opposite party No.1 alone is liable to pay the amount to the complainant.

10.    In the result the complaint is partly allowed directing opposite party No.1 to pay an amount of Rs.10,000/- to the complainant towards crop loss with interest at 9% from the date of the complaint i.e. 30-04-2010 till the date of payment along with cost of Rs.500/-.  The complaint against opposite party No.2 is dismissed.

Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the day 13^thof May, 2011.

Sd/-                                        Sd/-                              Sd/-

MALE MEMBER                         PRESIDENT                         LADY MEMBER

APPENDIX OF EVIDENCE

Witnesses Examined

For the complainant :Nill                     For the opposite parties:Nill

List of exhibits marked for the complainant:-

Ex.A1        Photo copy of Pattadar Pass Book No.355 of land bearing Sy.No.343.

Ex.A2.       Photo copy of Demand Draft of S.B.I Nandyal, for Rs.6025/-

dated 22-07-2004.

Ex.A3                Electricity Pass Book.SC.No.360 of complainant.

Ex.A4                A bunch of electricity bills.

Ex.A5                Eenadu Daily News Paper cutting dated 14-07-2009.

Ex.A6                Andhra Jothi Daily News Paper cutting dated 18-08-2009.

Ex.A7                Andhra Jothi Daily News Paper cutting dated 25-08-2009.

Ex.A8                Eenadu Daily News Paper cutting dated 12-01-2010.

Ex.A9        Adangal of the land Sy No.343 of Complainant of Gadiganuru village, ChagalamarriMandal.

Ex.A10       Photo copy of statement of V.R.O, Gadiganuru village, ChagalamarriMandal.

Ex.A11       Photo copy of statement of complainant and her husband recorded by M.R.I dated 24-08-2009.

Ex.A12       Photo copy of Report of Mandal Revenue Inspector to Tahsildar, Chagalamarri, dated 24-08-2009.

Ex.A13       Photo copy of Report of Tahsildar, Chagalamarri to District Collector, Kurnool, dated 26-08-2009.

Ex.A14       Office Note of District Collector to opposite party No.2

dated 27-01-2010 along with covering letter.

Ex.A15       Office copy of legal notice dated 30-11-2009 along with postal receipts and acknowledgement and return cover.

List of exhibits marked for the opposite parties:-

Ex.B1        Office copy of letter issued by Additional Assistant Engineer, Operation, APCPDC Limited, Chagalamarri to Superintending Engineer, Kurnool.

Sd/-                                                 Sd/-                              Sd/-

MALE MEMBER                           PRESIDENT                      LADY MEMBER

// Certified free copy communicated under Rule 4 (10) of the

A.P.S.C.D.R.C. Rules, 1987//

Copy to:-

Complainant and Opposite parties  :

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