Karnataka

Chitradurga

CC/176/2019

Sri.k.m.Hemalatha w/o late Ashok kumar - Complainant(s)

Versus

The Assistant Executive Engineer,O&M Sub-Division - Opp.Party(s)

Sri.P.S. Sathyanarayana Rao

29 Mar 2019

ORDER

 

COMPLAINT FILED ON:13/02/2019

DISPOSED      ON:29/03/2019

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA.

 

C.C.NO:176/2019

 

DATED: 29^th MARCH 2019

PRESENT :-     SRI.T.N.SREENIVASAIAH :   PRESIDENT                                     B.A., LL.B.,

                        SMT. JYOTHI RADHESH JEMBAGI

BSc.,MBA., DHA.,                LADY MEMBER

                       

……COMPLAINANT/S	K.M. Hemalatha, W/o Late Ashok Kumar, Age: 45 Years, Agriculturist, Madanayakanahalli village, Turuvanur Hobli, Chitradurga.   (Reptd., By Sri.P.S. Sathyanarayana Rao, Advocate)
V/S
…..OPPOSITE PARTIES	1. The Asst Executive Engineer(Elec), O & M Sub-Division, Bangalore Electricity Supply Company Ltd.,Chitradurga.   2. The Executive Engineer,(Elec.), O & M Sub-Division-4, Bangalore Electricity Supply Company Ltd., Chitradurga.   3. The Assistant Engineer, O & M Sub-Division, Bangalore Electricity Supply Company Ltd., CSD, Chitradurga   4. The Sub-Inspector of Police, BESCOM Vigilance Cell, V.P. Extension, Chitradurga.   (Reptd., By Sri.T.K. Chandrashekara Rao, Advocate)

 

ORDER

SRI. T.N. SREENIVASAIAH:   PRESIDENT

The above complaint has been filed by the complainant u/Sec.12 of the C.P Act, 1986 for the relief to direct the OPs to pay Rs.4,00,000/- towards compensation for harassing, mental agony, pain and other unfair trade practices, to refund Rs.7,632/- with interest @ 9% p.a, Rs.20,000/- towards costs  and such other reliefs.  

2.      The brief facts of the case of the above complainant are that, she is the owner and possessing agricultural land bearing sy.No.129/P1 measuring 2-acres 32-guntas situated at Madanayakanahalli village of Chitradurga Taluk, the same is rainfed land.  So, the complainant has drilled borewell and installed Pumpset in her land and grown areca nut saplings and maintained up to 7 years by using electricity unauthorizedly.  As per the directions of the Government of Karnataka, the BESCOM authority brought to the notice of farmers that, the farmers have to apply for regularization of usage of pumpset under the Yojane “Regularization of unauthorized usage of pumpset for irrigation purpose”.  Then the complainant has given application to the OPs vide Regn.No.7 dated 17.07.2006.  In this regard, the BESCOM authority has individually issued letter to the complainant for payment of requisite fee and necessary documents for regularization of usage of pumpset for irrigation purpose for Rs.15,780/-.  After receipt of the said amount and necessary documents, the BESCOM authority has issued official memorandum vide No.3010 dated 17.07.2006 in favour of complainant stating that the complainant has paid requisite fee and given necessary documents for regularization of HP pumpset installed in sy.No.129/P1 and her pumpset has been regularized as on 17.07.2006.  So it is the bounden duty of the OPs to erect electric pole, draw the electrical wires and to provide electrical connection to the HP Pumpset belongs to the complainant and to safeguard the welfare of the complainant, but they have done so.  Now the electrical wires are laying very near to the earth, it is very dangerous to the life of the farmers, it is a deficiency of service on the part of OPs.  Due to non erection of electrical poles, draw the wire and non providing of electrical connection, the complainant has lost her areca nut garden and all the areca nut garden has been dried up.  Without any alternative, the complainant has cut down the areca nut trees as there is no water facility.  For the illegal act and dereliction duties and deficiency of service in not providing timely electricity by the OPs, the complainant has incurred financial loss of Rs.15,00,000/-.  The complainant is facing very hard days because the complainant’s family is entirely depending on the income of the areca nut crop.  The complainant has approached the OPs several times and requested to erect the electric poles, live wire and to give electric connection to her IP set.  But no favourable action has been taken from the BESCOM authority.  Due to the illegal act of the OPs, the complainant has incurred heavy financial loss, mental sufferings and financial loss and all her efforts went in futile.  Without any alternative, the complainant has filed a complaint before this Forum in C.No.39/2018 to get suitable compensation from the OPs.  Accordingly, on 07.09.2018, the complaint has been withdrawn with a protest to erect the poles and draw the electric line properly.  In the mean time, on 11.01.2019, the OP No.4 has issued a notice to remit Rs.7,632/- within 15 days, further legal proceedings will be initiated and on the same date, the OP No.4 also issued the Police notice mentioning that the complainant has illegally taken the electricity connection without the permission of BESCOM.  It is further submitted that, the complainant has regularize her electricity connection on 17.07.2006 by taking permission from BESCOM.  Even then, the OPs have issued false, frivolous, vexatious notice to the complainant which is highly against to the law and it is not sustainable under law.  As such, to obey the orders of BESCOM, the complainant has remitted Rs.7,632/- to the BESCOM Vigilance Police, Chitradurga.  For this illegal act o the OPs, the complainant has suffered mental agony, pain and loss of time in wondering to the office of OPs.  Hence, prayed for allow the complaint.

3.      After service of notice, OP No.1 to 4 appeared through Sri. T.K. Chandrashekara Rao, Advocate and filed version and denied all the allegations made in the complaint. 

According to the version filed by OPs, it is stated that, the complaint filed by the complainant is not maintainable either in law or on facts and the same is liable to be dismissed.  The complainant has sworn a false affidavit before this Forum.  The entire averments stated in the complaint are false, concocted for the purpose of getting unfair benefit from the OPs.  It is further submitted that, the OP No.1 to 3 after filing the complaint No.39/2018 before this Forum, prepared an estimate and separate line was drawn duly providing poles.  The existing Niranthara Jyothi electric connection to the IP set of the complainant was removed and a separate line was drawn and connection was given on 06.09.2018 as per the requirements of the complainant and accordingly, the complaint No.39/2018 was withdrawn on 07.09.2018.  After the incident, the complainant once again connected the IP set to Niranthara Jyothi which was detected by the Sub-Inspector of Police, Vigilance, BESCOM, Chitradurga and the same is registered in Crime No.611/2018 u/Sec.135 of Electricity Act, 2003 and back billing charges of Rs.7,632/- with compounding fee was served on the complainant.  The complainant has paid the said amount as per rules.  Further it is submitted that, the complainant has committed offences u/Sec.135 of Electricity Act, 2003 by connecting the electric wires to her IP set through Niranthara Jyothi which was separated through separate line on 06.09.2018.  Therefore, this Forum has no jurisdiction to entertain this complaint and prayed for dismissal of the complaint.      

  4.    The complainant has examined as PW-1 by filing affidavit evidence and the documents Ex.A-1 to A-9 were got marked and closed her side.  On behalf of OPs, one Sri.K.B. Sunil Kumar, the Assistant Engineer(ELe), has examined as DW-1 by filing affidavit, Sri.E. Shivakumar, the OP No.1 has examined as DW-2 by filing affidavit evidence and the documents Ex.B-1 to B-18 were got marked. 

5.      Arguments heard.

6.      Now the points that arise for our consideration for decision of above complaints are that;

 

1. Whether the complainant proves that, OPs have committed deficiency of service in giving electricity connection to her IP set and entitled for the relief as prayed for?

              (2) What order?

          7.      Our findings on the above points are as follows:-

                    Point No.1:- Partly in affirmative.

                    Point No.2:- As per final order.

REASONS

8.      Point No.1:- There is no dispute between the parties that, the complainant is an agriculturist having land bearing sy.No.129/P1 situated at Madanayakanahalli village, Chitradurga taluk.  After the orders passed by the Government of Karnataka, the BESCOM authority has directed the farmers who were unauthorizedly having electric connection to their IP sets, they have to pay an amount of Rs.15,780/- and get it regularize the same.  Accordingly, the complainant has paid the amount to the BESCOM authority. But the BESCOM authority has failed to connect the electricity connection to the pumpset of the complainant.  The complainant was having areca nut garden in her land.  For non giving of the electric connection to her IP set caused the collapsing of the said areca nut garden, the same amounts to deficiency of service on the part of OPs.

   9.   We have gone through the entire documents filed by the complainant and the OPs.  There is no dispute that, the complainant is the absolute owner of the above said agricultural land.  After payment of the requisite fee by the complainant, the OPs have failed to erect the electric poles, draw the live wire and giving electric connection to the IP set of the complainant within time, the same amounts to deficiency of service on the part of OPs.  When the payment is made for regularazition of the unauthorized connection by the farmer, the duty of the OPs is to give electric connection to the IP set, but the OPs failed to do so.   Therefore, we come to the conclusion that, there is a deficiency of service on the part of OPs.  Accordingly, this Point No.1 is held as partly affirmative to the complainants.    

  10.     Point No.2:- As discussed on the above point and for the reasons stated therein we pass the following:-

ORDER

The complaint filed by the complainant U/s 12 of CP Act 1986 is partly allowed.

It is ordered that, the OP No.1 to 4 are hereby directed to pay a sum of Rs.50,000/- to the complainant along with interest @ 9% p.a from the date of collecting the regularization fee from the complainant till realization. 

It is further ordered that, the OPs are hereby directed to pay Rs.5,000/- towards the mental agony and Rs.5,000/- towards costs of the proceedings to the complainant.  

It is further ordered that, the OPs are hereby directed to comply the above order within 30 days from the date of this order.

 (This order is made with the consent of Member after the correction of the draft on 29/03/2019 and it is pronounced in the open Court after our signatures)         

 

                                     

MEMBER                                                   PRESIDENT

-:ANNEXURES:-

Witnesses examined on behalf of Complainant:

 

PW-1:  Complainant by way of affidavit evidence.

 

Witnesses examined on behalf of OPs:

 

DW-1: K.B. Sunil Kumar by way of affidavit evidence.

 

DW-2:E. Shiva Kumar by way of affidavit evidence.

 

Documents marked on behalf of Complainant:

01	Ex-A-1:-	Letter of OP No.1 dated 13.07.206
02	Ex-A-2:-	Letter regarding regularization
03	Ex-A-3:-	OM of OP No.1 dated 17.07.2006
04	Ex-A-4:-	Application by complainant
05	Ex-A-5:-	Certificate of ownership
06	Ex-A-6:-	Letter to complainant
07	Ex-A-7:-	Sketch
08	Ex-A-8:-	Letter dated 11.05.2018
09	Ex-A-9:-	Police notice dated 11.01.2019

Documents marked on behalf of OPs:

01	Ex-B-1:-	Report dated 06.09.2018
02	Ex-B-2:-	Photos
03	Ex-B-3:-	Letter dated nil by the OPs
04	Ex.B-4 to 8	Estimates
05	Ex-B-9:-	Order sheet in C.C.No.39/2018
06	Ex-B-10:-	Not press memo
07	Ex-B-11:-	Letter dated 06.03.2019
08	Ex-B-12:-	Photos
09	Ex-B-13:-	FIR
10	Ex.B-14:-	Letter dated 27.12.2018 to Police Inspector, Vigilance
11	Ex-B-15:-	Mahazar dated 27.12.2018
12	Ex-B-16:-	Submission of FIR to District Court
13	Ex-B-17:-	Back Billing and compounding fee notice
14	Ex-B-18:-	Inspection report

 

MEMBER                                                   PRESIDENT

Rhr**