Karnataka

Kolar

CC/34/2015

Maheshwari Development & Educational Trust - Complainant(s)

Versus

The Assistant Executice Engineer(Ele), - Opp.Party(s)

Sri.R.Bhaskar

16 Jan 2016

ORDER

Date of Filing: 17/08/2015

Date of Order: 16/01/2016

BEFORE THE KOLAR DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, D.C. OFFICE PREMISES, KOLAR.

 

Dated: 16^th DAY OF JANUARY 2016

PRESENT

SRI. N.B. KULKARNI, B.Sc., LLB,(Spl.)    …….    PRESIDENT

SRI. R. CHOWDAPPA, B.A., LLB               ……..    MEMBER

SMT. A.C. LALITHA, BAL., LLB         ……  LADY MEMBER

CONSUMER COMPLAINT NO :: 34 OF 2015

Maheshwari Development &

Educational Trust (R),

K.No.2581, Ward No.8,

Opp New Bus-Stand,

Maheshwari Complex,

Chickballapur,

Represented by its

President Sri.M.Shivanad,

 

(Rep. by Sriyuth. R. Bhaskar, Advocate

Of Chickballapur)                                               ….  Complainant.

 

- V/s -

(1) The Assistant Executive

Engineer (Ele), BESCOM,

Executive & Maintenance,

Urban-Sub-Division,

Chickballapur.

(Rep. by Sriyuth. V.Venkatachalagowda, Advocate)

 

(2) Sri.H.N. Narendra,

S/o. H.N.Narayana,

Managing Director,

Dhrithi Technology Pvt Ltd.,

#80, 8^th Main, Banashankari,

3^rd Stage, Chickballapur.

(In-person as well through Sri. Srihari as

Representative)                                               …. Opposite Parties.

 

-: ORDER:-

BY SRI. N.B. KULKARNI, PRESIDENT

01.   The complainant having submitted the complaint Under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred in short as “the Act”) has sought, relief of issuance of directions to the OP-1 to provide the power supply to his institution without any obstruction as well direction to OP-1 to pay an amount of Rs.2,00,000/- as compensation for the loss suffered together with costs.

 

02.   The facts in brief:-

It is contention of the complainant that, he owns a building bearing Katha No.2581, Ward No.8, Opp New Bus-Stand, Maheshwari Complex, Chickballapur, as indicated in the cause-title.  It is his contention that, he runs in the said building an educational institution under the name and style “Maheshwari Institute of Management & Science”.  And that this institution has been affiliated to the Bangalore University as per order No. ACA-3/A3/S.Na/2015-16, dated: 22.04.2015.

 

(a)    It is also contended that, in the said building where the college is being run there is a power supply at the instance of the BESCOM which supply stands recorded vide Meter No. CL 34045, 34047 to 34050 & 34054.  And that he has been paying the power consumption charges.

 

(b)    It is contended that, while so, the OP-2 was running Dhrithi Technology Private Limited under the scheme of self employment sponsored by the Central Government for the Rural people.  And that the BESCOM Vigilance police had issued a bill to the OP-2 calling upon him to pay the arrears of Rs.2,23,589/- vide case No. NC-65/13 which was as per the condition of supply of Electricity of Distribution Licensees is in the State of Karnataka Clause No.42:02.  And that the total sum claimed was in a sum of Rs.6,94,589/- of which the OP-2 had paid a total sum of Rs.4,71,000/-.  And that this is evidenced vide a letter bearing No.1165-68 dated: 04.08.2015 addressed to the OP-2 by the OP-1.

 

(c)    Further it is contended that, though for such a transaction between OP-1 and OP-2 he was not to be a party the OP-1 resorted to obstructing supply of power with effect from 04.08.2015.  Further by way of amendment (vide order dated: 14.01.2016 on I.A. No.2) the complainant has pleaded that, on 19.11.2015 there was an interim order directing the OP-1 to sanction new power supply of the quantity of two kilo watts regarding which application was preferred on 08.07.2015 to the OP-1.  And that, the said new supply sought was with regard to the very same building but in the first floor.

 

(d)    So contending the complainant has come up with this complaint on hand to seek the above set-out reliefs.

 

03.   Along with the complaint with list dated: 17.08.2015 the complainant has submitted Xerox copies of the following documents:-

(i)   Letter No. 1165-68, dated: 04.08.2015.

(ii)  Permission letter dated: 22.04.2015 issued in favour of complainant.

(iii) Application made by the complainant to the OP-1.

(iv)  Electrical bills (6 in Nos).

 

04.   In response to the notices issued OP-1 has put in appearance through the said learned counsel, whereas OP-2 put in appearance in-person and of late he started participating in the proceedings through the said representative.  This OP-2 has neither submitted written version nor adduced any evidence.  The OP-1 has put in written version resisting claim of the complainant in toto.

 

(a)    It is specifically contended that, at no time there was withdrawal of power supply with regard to the said meter Nos. CL 34045, 34047 to 34050 and 34054.  And that in 2006 there was a request made by the OP-2 for supply of power to the commercial stalls.  And that the same came to be supplied, in his name (in the name of the OP-2), as such there could be no question of supplying of power to the complainant.  Further it is contended that, it is a fact that the OP-2 had remained in arrears of Rs.2,23,589/- and likewise the very complainant with regard to the power supply to the very same building with regard to the meter No.34053 had remained in arrears of Rs.8,000/- and he had even remained in the arrears of Rs.2,640/-.  And that, under the circumstances, the complainant has no authority to submit the present complaint before this forum.  And that as the complainant was/is not a customer no relief could be granted. 

 

(b)    There is a denial that with effect from 04.08.2015 there was obstruction in power supply to the educational institution run by the complainant.  So contending, dismissal of the complaint with penalty has been sought.

             

05.         This OP-1 with a list dated: 02.11.2015 has submitted Xerox copies of the following documents:-

(i)    Letter dated: 11.08.2015 issued to the complainant by the Office of the Assistant Executive Engineer (Ele), BESCOM, Executive & Maintenance, Urban-Sub-Division, Chickballapur.

 

(ii)  Report pertaining to C.C.No.34/2015 given by the Assistant Executive Engineer (Ele), BESCOM, Executive & Maintenance, Urban-Sub-Division, Chickballapur.

 

(iii) Letter dated: 27.08.2013 issued by the Assistant Executive Engineer (Ele), BESCOM, Executive & Maintenance, Urban-Sub-Division, Chickballapur, with regard to revised outstanding electricity consumption bill pertaining to the plant of OP-2. 

 

(iv)  Letter dated: 28.06.2013 issued by the Assistant Executive Engineer (Ele), BESCOM, Executive & Maintenance, Urban-Sub-Division, Chickballapur, regarding payment of BBC bill addressed to complainant.

 

(v)   Calculation Sheet dated: 17.06.2013 issued by the Assistant Executive Engineer (Ele), BESCOM, Executive & Maintenance, Urban-Sub-Division, Chickballapur.

 

(vi)  Letter dated: 26.09.2013 issued by the Assistant Executive Engineer (Ele), BESCOM, Executive & Maintenance, Urban-Sub-Division, Chickballapur, to OP-2 regarding payment of outstanding bill pertaining to CTP 2912 plant. 

 

06.         Pending the present proceedings I.A. No.1 was submitted and after hearing the same considered order was passed on 19.11.2015.  By virtue of this order, OP stood directed to effect a new power supply to this complainant with regard to the very same building but in the first floor.  And this order is prevailing.  And at this juncture it is stated that I.A. No.2 also came to be allowed permitting the complainant to carry out the amendment which is with regard to new power supply to the very same building of the complainant as for as the first floor is concerned.  The requisition dated: 08.07.2015 has been pending with OP-1.

 

07.         The complainant and the OP-1 have submitted their affidavit evidence and also they have submitted their written arguments through their respective learned counsel.  On 14.01.2016 itself heard the oral arguments as advanced by the learned counsel appearing for both sides.

 

08.   Therefore the points that do arise for our consideration in this case are:-

1. Whether the complainant is a consumer as against the OP-1 and hence BESCOM, Chickballapur?

 

2.  If so, whether the OP-1 is guilty of deficiency in service?

 

3.   To what relief the complainant is entitled to?

 

4.  What order?

 

09.   Findings of this District Forum on the above stated points for the following reasons are:-

 

POINT 1:     In the Affirmative.

 

POINT 2:     Partly Affirmative

POINT 3:     The complainant is held entitled to new power supply in continuation and confirmation of the interim order dated: 19.11.2015 on I.A. No.1.

 

POINT 4:     As per final order for the following:-

 

REASONS

POINTS 1 to 3:-

10.   To avoid repetition in reasonings and as these points do warrant common course of discussion, the same are taken up for consideration at a time. 

 

(a)    Indisputably the complainant is a Consumer of the OP-1.  For, the OP-1 has allotted power supply through the meter Nos. No. CL 34045, 34047 to 34050 & 34054 to the complainant in respect of the building premises owned by him.  Besides, the complainant seeks new power supply to the first floor of his own said building.  As such, the complainant being consumer is within his legal means to seek certain remedies complaining the deficiency in service on the part of OP-1 which shall have to be appreciated on merits.  Hence this Forum has every jurisdiction to entertain the complaint on hand.

 

(b)    With regard to power supply to this complainant in respect of the very said building pertaining to meter No. CL 34045, 34047 to 34050 & 34054 we are bound to place on record our words of appreciation to the Op-1 as at no time there was withdrawal of the power supply on the part of the OP-1.  With regard to outstanding dues on the part of the complainant with regard to meter No.34053 we are not concerned in the present case, because it is not the subject matter.

 

(c)    However on going through the pleadings maintained by both the parties in general and the OP-1 in particular it would become evident that OP-1 is expecting of the complainant accountability for the admitted default on the part of the OP-2 to the tune of Rs.2,23,589/- in as much as, of the total liability of Rs.6,94,589/-, the OP-2 has paid to the OP-1 Rs.4,71,000/-. 

 

(d)    On any stretch of imagination we cannot hold the present complainant as accountable for this due in as much as, this complainant is in no way concerned to the transaction between the OP-2 on one hand and OP-1 on the other with regard to the power supply made in the name of the OP-2 for commercial purpose in the very said building owned by the complainant. 

 

(e)    Therefore it is up to the OP-1 to proceed to make recovery of the said dues on its own independently without pointing accountability on the part of the complainant.  And in this context apprehension on the part of the complainant in delaying new power supply stands to reason, for, though the requisition in this context was made by the complainant to the OP-1 on 08.07.2015 still it is not materialized.  Besides in spite of interim order passed by us on 19.11.2015 the OP-1 is still in the process of taking action for new supply of power to the first floor of the very same building of the complainant.

 

(f)     As we have noted that the OP-1 is not guilty of any deficiency in service with regard to power supply to this complainant in regard to the said meter Nos. CL 34045, 34047 to 34050 & 34054 we need not grant any kind of relief to the complainant merely because he opts for it.  And as the OP-1 has unnecessarily strained by slowing to consider the requisition of the complainant dated: 08.07.2015 for supply of new power to the first floor of the building we are bound to issue directions to the OP-1 to comply the same which is in confirmation and continuation of our interim order dated: 19.11.2015.  We hope and trust and expect that OP-1 being the responsible public officer should not commit any delay in the process as we did not find any guilty on the part of the complainant to seek new supply of power to the first floor of the said building.  And with this hope we refrain ourselves from awarding any compensation to the complainant.  However we mindfully keep open the aspect of compensation in case it to result in preferring Execution Application by the complainant in this very context.  And hence the OP-1 should be sensitive to the soft approach made by us to the maximum extent.   

 

POINT 4:-

11.   We proceed to pass the following:-

 

ORDER

01.   For foregoing reasons the complaint stands allowed with costs of Rs.3,000/- in following terms:-

 

(a)    OP-1 stands directed to take all needful and necessary steps to effect new power supply to the first floor of the building bearing Katha No.2581, Ward No.8, Opp. New Bus-Stand, Maheshwari Complex, Chickballapur, owned by this complainant without any loss of time, in as much as, this direction is, we repeat; in continuation and confirmation of our interim order dated: 19.11.2015.

 

(02)  Send a copy of this order to both parties free of costs.

(Dictated to the Stenographer in the Open Forum, transcribed by him, corrected and then pronounced by us on this 16^th DAY OF JANUARY 2016)

 

 

 

 

MEMBER                             MEMBER                     PRESIDENT