<br /> <br /> <br /> By SRI.K. VIJAYAKUMARAN ACHARY, PRESIDENT.<br /> <br /> The averments in the complaint can be briefly summarized as follows:<br /> <br /> The building where the electric meter with consumer No.552 belong the father of the complainant by virtue of the year 1984. The above building and the land in which the building situated 7.5 cents devoted the mother of the complainant. After the death of mother 1990 the complainant and his 2 brothers became the owner of the above property. While so one brother expired. Thereafter the complainant and his brother entered into another portion and the complainant and his brother became in the owner of the property. While so the brother of the complainant Hrishikeshan Nair sold his share and the portion of the building situated to one Ajayakumar and accordingly the said Ajayakumar became the owner of the property in the partition be of the sale deed by which the sold to Ajayakumar nothing with<br /> regard to the electric meter installed the building. His brother has not handed over the electric meter to the said Ajayakumar. Since the complainant bonafide believe that he is the owner of the consumer No.552. he paid Rs. 440/- and shifted the wire. Since the complaint is the only leave in share he is entitled to get the consumer right over the above electric meter. Though he applied to the Assistant Executive Engineer, Electric Major Section, Karunagappally with above documents and requested to transfer the consumer right over the electric meter But in this connection has not been taken by him. Hence the complainant prays for canceling the consumer right in the name of the said Ajayakumar and the complainant is sold living original share and he is entitled to get the consumer right transferred in his name. Hence the complaint.<br /> <br /> The opp.parties have filed a joined version contending interalis that the complaint is not maintainable with in law or on facts. From the averments in complaint it can be seen that the matter can be settled only by a Civil Court and the same is not maintainable before this Forum. The Consumer No,552 was in the name of one Rishikeshan Nair as per the Consumer Personal Deposit Register of Karnagappally South Electrical Section . As per dated 10.11.2003 applied for transfer of the above electric metre in his name. Since the said Ajayakumar purchase the property and portion of the building where in the metre situated the consumer right was transferred in the name of the said Ajayakumar. After perusing the documents produced by him the Revenue records also showed that the said Ajayakumar is the owner of particular building . In this circumstances the consumer right was transferred in the name of the said Ajayakumar. Since the original owner transferred the right over the electric meter also in favour of the said Ajayakumar. The opp.parties are not liable. The opp.party obtain the consent letter in the cases where there are dispute and such an undertaken obtain said Ajayakumar also. The complainant earlier filed a complaint before the Legal Services Authority which was disposed directing the complainant to seek remedy from the Civil Court. But without approaching the civil Court for appropriate remedy. The complainant has approached this Forum. The complainant filed without impleading the said Ajayakumar and the Panchayat and Revenue Authorities is not maintainable. Hence the complaint prays the dismissal of the complaint with costs.<br /> <br /> Points for consideration are:<br /> <br /> [I] Whether there is any deficiency in service on the part of the opp.parties<br /> [ii] Reliefs and costs.<br /> <br /> For the complainant PW.1 is examined. Ext. P1 to P14 are marked.<br /> <br /> For the opp.parties DW.1 is examined and Ext.D1 to D6 is marked.<br /> <br /> Points [1] & [ii]<br /> <br /> The main contention of the complainant is that the disposed electric meter which was right in the name of the mother situates in the portion of the property belong him and he being the only living original sharer he is<br /> entitled to get the electric meter transferred in his name. According to him as per Ext.P2 sold his brother Rishkeshan Nair transferred his share of the property in favour of one Ajayakumar and on the strength of the said sale deed the said Ajayakumar managed to effect the transfer on right of the consumer NO.552 in his favour where in the complainant is the actual consumer of the complaint .. The said Ajayakumar was not a consumer of the above electric connection any point of time. And since Ext.P1 and P4 partition deeds does not mention the above meter and the complainant being the possessor of the building wherein meter is installed and he is not consumer. While so the complainant get information from the Kerala State Electricity Board Authorities that being consumer No.552 was transferred in favour of one Ajayakumar who purchase property belong to Rishikesan Nair never became in the registered consumer As per Ext.P4 and Partition deed there is no mention regarding any P1 – P4 right over the above consumer NO.<br /> <br /> <br /> According to the complainant Ext.P5 building tax assessment register shows that he is in possession of the building . The transfer was effected by the Assistant Executive Engineer in the name of Ajayakumar was effected on 9.1.2004. As per Ext.P6 and P0 demand notice and Ext.P5, P13 building tax assessment register would possession of portion of the building where electric meter have consumer No.552 situates. <br /> <br /> According to the opp.parties the electric records maintain in the Karunagappally South Electric Section show that the electric connection was allotted to Hrishikesan as per Ext.D1. The said Ajayakumar who purchase the property Hishikesan applied for transfer of the electric meter and after verifying the relevant documents the connection was transfer from the name of said Ajayakumar as per Ext.D2. He has also produced Ext.D2 sale deed and D4 tax receipt to establish the ownership and after perusing the transfer was effected. According to the opp.party at that time there was no dispute with regard of the ownership of the electric connection No.552. It is further argued with the opp.parties that whether or no Rishykesan Nair executed the sale deed without verifying the original records not a issue under the purview of the opp.parties.<br /> <br /> As a matter of fact the electric connection having No.552 is in the name of the said Ajayakumar who purchase the property from one the sharers. It is seen that he purchase the property as per the Ext.D2 sale seed and the recital. Ext. D3 shows that the electric connection is also transferred in the name to what said Ajayakumar that being the possession the declaration that electric meter belongs of the complainant can be passed by competent Civil Court and it cannot be said that the Kerala State Electricity Board has committed deficiency in service. This Forum has no jurisdiction to pass the order ignored the recital in Ext.D3 . On a perusal of the entire records we find that this Forum has no jurisdiction to grant relief prayed for by the complaint. Point found accordingly.<br /> <br /> In the result the complaint fails and the same is hereby dismissed . No costs.<br /> <br /> Dated this the 25th day of March, 2008<br /> <br /> K. VIJAYAKUMARAN ACHARY :<br /> <br /> ADV. RAVI SUSHA :<br /> <br /> R. VIJAYAKUMAR :<br /> <br /> I N D E X<br /> <br /> List of witness for the complainant<br /> PW.1. – Yenjasenan Nair<br /> <br /> List of documents for the complainant:<br /> P1. – Partition deed No.656/95<br /> P2. – Sale deed No.1278/2002<br /> P3. – Tax receipt<br /> P4. – Sale Deed No.1008/04<br /> P5. – Building Tax receipt<br /> P6. – Receipts [2 Nos.]<br /> P7. – Copy of complaint to the opp.party dt. 3.7.2003<br /> P8. – Postal receipt<br /> P9. – Demand notice<br /> P10. – Electricity receipt<br /> P11. – Additional cash receipt<br /> P12. – Copy of complaint to the Asst. Exe. Engineer, Karunagappally.<br /> P13. – Building ownership certificate<br /> P14. – Gift deed 655/95<br /> <br /> List of witnesses for the opp.party<br /> DW.1.Abdul Latheef.<br /> <br /> List of documents for the opp.party<br /> D1. – Personal deposit Register<br /> D2. – Application<br /> D3. – Sale deed 1278/02<br /> D4. – Ownership certificate<br /> D5. – Tax receipt<br /> D6. – Indemnity bond <br />