Karnataka

Kolar

CC/54/2017

Sri.A.S.Nagabhushanagowda s/o late Somegowda - Complainant(s)

Versus

The Assistant Executive Engineer (Elc) - Opp.Party(s)

A.S.Aravind Kumar

09 Mar 2018

ORDER

Date of Filing: 26/07/2017

Date of Order: 09/03/2018

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

 

Dated: 09^th DAY OF MARCH 2018

PRESENT

SRI. K.N. LAKSHMINARAYANA, B.Sc., LLB., PRESIDENT

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

 

CONSUMER COMPLAINT NO. 54 OF 2017

Sri. A.S.Nagabhushangowda,

S/o. Late. Somegowda,

Aged About 65 Years,

Arabikothanur Village,

Kolar Taluk.                                                    ….  COMPLAINANT.

(Rep. by Sri. A.S. Aravind Kumar, Advocate)

 

- V/s -

The Assistant Executive Engineer,

(Elec) Vigilance, Bangalore Electricity

Company, Doom Light Circle,

KOLAR.

(Rep. by Smt. B.S. Vijaya Kumari, Advocate)                   …. OPPOSITE PARTY.

 

-: ORDERS:-

BY SMT. A.C. LALITHA, LADY MEMBER,

01.   The complainant having submitted this complaint Under Section 12 of the Consumer Protection Act, 1986 (hereinafter in short it is referred as “the Act”) against the opposite party has sought relief of call for the documents of two N.C. cases and enquire and dismiss the said created case and issuance of directions to OP as to quash the order of OP in regard to penalty BBC amount of Rs.28,831/- and cost and compensation as the Forum deems to be fit.

 

02.   The facts in brief:-

(a)    It is contention of the complainant that, he was using water from his bore-well for the purpose of agriculture by availing 10 HP power supply from R.R. No. KRIP 2642.  Besides his brother Sri. A.Sonnegowda, S/o. Late Somegowda has owned shops and hotel by availing power supply to the said building R.R. K.R.L. No.7470, 7471, 10145 and he was paid the bill regularly.

 

(b)    It is contended that, on 09.10.2015 OP had conducted Mahazar in the said spot and registered a case N.C. 185/2015 in respect of K.R.L. No.7471.  And on 15.10.2015 OP had received Rs.2,800/- as penalty.

 

(c)    It is further contended that, on 04.11.2015 OP had registered a false case NC 101/2015 against him without being visiting to the spot.  And he was using the said bore-well water only for the purpose of agriculture and he never used the said water for shops and Hotel.  In this regard OP had issued notice to him on 20.11.2015 to pay BBC amount of Rs.28,831/- and adjusting of the said amount to KRL No.10145 is illegal.  So prayed to conduct the inquiry in respect of NC 185/2015 and NC 101/2015 and ordered for the dismissal of created NC cases against him.

 

03.   In response to the notice issued by this Forum the learned counsel put in appearance and submitted written version by resisting the complaint in toto.

 

(a)    It is contention of OP that, the R.R. No. KRIP-2642 as submitted by complainant is absolutely denied and the said R.R. No.KRIP 2642 is belongs to Sri. Venkataravanappa, S/o. Ramaiah and specifically contends that, on 09.10.2015 OP had never done inspection of complainant’s power grids.  And that on 08.10.2015 OP filed N.C. 185/2015 against Sri. Sonnegowda brother of complainant which was closed on 16.10.2015.

 

(b)    It is further contended that, on 08.10.2015 OP filed N.C.101/2015 against the complainant for illegal usage of power and no case filed on 04.11.2015.  Since the complainant did not paid the said penalty amount, by using powers sub divisional officer of BESCOM to collect the penalty ordered to adjust to the R.R. No. KRL-10145.  So OP prayed for dismissal of the complaint.

 

04.   The complainant has submitted his affidavit evidence and examined as PW.1 and the below mentioned documents marked as Exhibit-P.1 to P.4 and also faced cross-examination by OP counsel.

(i) Copy of notice dated: 25.03.2017 issued by the complainant to OP.

(ii) Copy of notice along with electricity bill issued by OP to complainant.

(iii) Copy of the notice dated: 27.07.2017 issued by complainant to OP.

(iv) Copy of the notice dated: 25.03.2017 issued by the complainant to OP.

 

05.   On behalf of OP Sri. Rathinkumar, AEE, BESCOM Vigilance Department, Kolar, has sworn to his affidavit evidence and examined as PW.1 marked documents as Exhibit-D.1 to D.17 and faced cross-examination by the complainant’s counsel.

(i) Computerized copy of consumer bill dated: 26.07.2017 with RR No. KRIP 2642 stands in the name of Sri. Venkataramanappa.

(ii) Copy of FIR dated: 08.10.2015 with crime No.185/2015.

(iii) Copy of complaint dated: 08.10.2015.

(iv) Copy of Mahazar dated: 08.10.2015

(v) Copy of inspection report dated: 08.10.2015

(vi) Copy of list of property pertaining to PF No.184/2015 in Cr. No.185/2015

(vii) Copy of draft bill dated: 08.10.2015 in crime No.185/2015

(viii) Copy of letter dated: 09.10.2015

(ix) Copy of letter dated: 15.10.2015 issued to Sri. Sonne Gowda

(x) Final report with continued serial No.17 in Cr. No.185/2015.

(xi) Copy of receipts pertaining to payment of bill amount

(xii) Copy of complaint dated: 08.10.2015 in respect of RR No.2652 in the name of Sri.A.S. Nagabhushan Gowda.

(xiii) Copy of Mahazar dated: 08.10.2015 in respect of RR No.2652

(xiv) Copy of inspection report dated: 08.10.2015 towards LT4 & LT3 installation

(xv) Copy of draft bill dated: 08.10.2015 in NC No.101/2015

(xvi) Copy of requisition letter dated: 04.11.2015

(xvii) Copy of Demand Letter dated: 04.11.2015 in respect of NC 101/2015 issued to Sri. Nagabhushan Gowda by Sub-division office, BESCOM, Kolar Rural.

 

06.   Heard arguments of both sides.

 

07.   Therefore the points that do arise for our consideration are:-

(1) Is there deficiency in service on the part of the OP as alleged by the complainant?

 

(2) If so, whether the complainant is entitled for the relief as he sought?

 

(3) What order?

 

08.   Our findings on the above stated points are:-

POINT (1):-      In the Negative

POINT (2):-      In the Negative

POINT (3):-      As per the final order

for the following:-

REASONS

POINTS (1) & (2):-

09.   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.

10.   On perusal of Exhibit-D.2 it is true that, NC 185/2015 was filed against Sonne Gowda and it was closed on 16.10.2015.  In our view this complainant up to what locus-standi does he pleaded about NC 185/2015 would be the question and complainant failed to prove it.

 

11.   On perusal of Exhibit-P.2 which is the letter of OP for complainant to pay penalty of Rs.28,831/- in NC 101/2015.  The complainant has submitted and marked Exhibit-P.2 letter dated: - Nil – and attached bill Dated: 02.07.2017 submitting that OP had issued the said bill to pay Rs.28,831/-.

 

12.   As per Exhibit-D.5 inspection report dated: 08.10.2015 and Exhibit-D.13 Mahazar for NC 101/2015 clearly reveals that, which was filed for illegal theft of power.   As per Exhibit-P.3 the complainant had admitted that, he had paid Rs.15,000/- towards NC 101/2015 and prayed time to pay the balance.  Accordingly OP done their duty and therefore we opined there is no deficiency in service on the part of OP.

 

13.   Therefore we come to conclusion that, with the aforesaid discussion there is no deficiency in service on the part of OP.  On perusal of Exhibit-P.2 i.e., Annexed bill is of KRL 10145 of Sonnegowda and DW.1 has clearly and categorically admitted that, the power connection has been taken from meter No. KRL 10145 and made this OP to face unnecessary litigation.  Without locus-standi the complainant has filed this complaint against OP and made this OP to face unnecessary litigations.  Hence this complainant has to bear the cost for it. 

 

POINT (3):-

14.   In view of the above discussions on Point (1) & (2) we proceed to pass the following:-

ORDER

01.   For foregoing reasons the complaint stands dismissed with cost of Rs.2,000/- to be paid by complainant to OP within 30 days from the date of pronouncement of this order.

 

02.   Send a copy of this order to both parties free of cost.

(Dictated to the Stenographer, transcribed by him, corrected and then pronounced by us on this 09^th DAY OF MARCH 2018)

 

 

LADY MEMBER                                PRESIDENT