Date of Filing: 01.06.2020
Date of Order: 29.06.2020
BEFORE THE KOLAR DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, D.C. OFFICE PREMISES, KOLAR.
Dated: 29th DAY OF JUNE 2020
PRESENT
SRI. K.N. LAKSHMINARAYANA, B.Sc., LLB., …… PRESIDENT
SRI. B.M. NAGARAJA, B.A., LLB., ….. MEMBER
CONSUMER COMPLAINT NO. 16 OF 2020
R. Somashekara Reddy,
S/o Late M. Ramappa,
R/at Mallekuppa Village,
Byrakur Hobli,
Mulbagal Taluk. …. COMPLAINANT.
(Rep. by Sri. S.R. Nagesh, Advocate)
- V/s –
01. The Assistant Executive Engineer,
Mulbagal Bescom Sub-Division,
Mulbagal Town.
02. The Junior Engineer,
Nangli Bescom-Sub -Division,
Nangali, Mulbagal Taluk.
03. The Superintendent
Engineer (Electrical) BESCOM,
KGF Division, KGF. …. OPPOSITE PARTIES.
ORDER ON MAINTAINABILITY
BY SRI. K.N. LAKSHMINARAYANA, PRESIDENT
01. The complainant has filed this consumer complaint against OPs and prays to direct the OPs for reconnection of power supply to the complainant’s house property by installing a meter and so also direct them to pay Rs.2,00,000/- with interest at 18% p.a. for non-supply of electricity and other damages and costs.
02. Heard arguments of the counsel for the complainant and perused the documents produced by the complainant.
03. On perusal of the complaint it revealed that, the father of the complainant by name Sri. M. Ramappa and his mother Smt. Sarojamma are having three sons and one daughter. The complainant’s father was died on 01.06.2018 leaving behind the complainant and his brothers, sister and his mother and are enjoying the ancestral and joint family properties without any division even to this day. The complainant are in joint possession and enjoyment of the house property bearing its V.P. Katha No.37, situated at Malle Kuppa Village, Byrakur Hobli, Mulbagal Taluk, having electrical connection in the name of complainant’s father bearing Meter No.NL 1647. The complainant’s brother has filed untenable objection before the 1st respondent. The complainant has paid the entire arrears of electrical consumption charges to the said house. The complainant’s brother has created some documents and filed objections before the 1st respondent. The complainant has filed application for installation of meter on 21.09.2019 before the 1st respondent, but OPs have not supplied the electrical power to the complainant’s house.
04. On perusal of the above said material facts it revealed about the joint family property and one of the brother of the complainant has raised objections before OP No.1 and the said facts revels about the civil litigation. Further on perusal of the documents produced by the complainant dated: 25.01.2019 issued by the Panchayath Development Officer, Mudigere Majaragadduru Grama Panchayath, Mulbagal Taluk, Kolar District, it revealed about issue of Katha to the house property of the complainant for the year 1992-1993, but there is no records for issuing the Katha in the original documents and it reveals title dispute with respect to subject matter and is of Civil in nature. Hence as discussed above, the said complaint filed by the complainant is not maintainable and the matter is of Civil in nature and has no jurisdiction to entertain the complaint. In this regard we relay judgment of Hon’ble Rajasthan State Consumer Disputes Redressal Commission reported in 1991(2) CPJ 341.
05. Hence as discussed above, the complaint filed by the complainant is not maintainable as it is Civil in nature and is liable to be dismissed in limine. Accordingly we proceed to pass the following:-
ORDER
01. The complaint filed by the complainant is dismissed. The complainant is directed to approach the Civil Court for adjudication.
(Dictated to the Stenographer, transcribed by him, corrected and then pronounced by us on this 29th DAY OF JUNE 2020)
MEMBER PRESIDENT
