PER SMT.T.SUNEETHA, LADY MEMBER:
The complainant filed this complaint under section 12 of the Consumer Protection Act, 1986 seeking directions on opposite parties to restore the electricity connection to the service connection bearing No.1113807001130 to the house of complainant in Door No.11-24 of Challavaripalem, Ankireddypalem Sivaru, Nallapadu, Guntur District and to award Rs.25,000/- towards mental agony and costs.
2. The brief facts of complaint are as follows:
The complainant is the absolute owner of tiled house in door No.11-24 constructed within the site 52 sq.yards of Challavaripalem village, Guntur District. The opposite party provided electricity service connection bearing No.1113807001130 on 11-04-08 for Rs.125/- by receiving house tax receipt from him. While so one Duggempudi Savithri, wife of Subba Reddy gave a complaint to the opposite party in pursuance of the same, the opposite party issued notice dt.07-12-10 to the complainant to produce his house and site documents within three days otherwise the electricity service connection would be disconnected. The complainant personally gave reply on 09-12-10 and send the same by register post on 11-09-10 to the opposite party that he is living in the said site for the last 17 years by raising thatched hut in the beginning and constructed Madras tiled house in the year 2002 and paying house tax in his name and perfected title to the property and nobody has got right on that sight or tiled house. But the opposite party disconnected the power supply.
The complainant one Talatala Appi Reddy, son of Lakshma Reddy who is none other than son-in-law of Duggempudi Savithri developed an eagle eye over the property of the complainant and gave a legal notice dt.30-11-10 to the complainant that one Emani Venkata Reddy, son of Adinarayana Reddy of Guntur said to be executed GPA cum sale agreement dt.08-02-10 in favour of one Duggempudi Rama Devi, wife of Talatala Appi Reddy and in turn she executed a regular sale deed dt.17-09-10 in his favour for the site 52 sq.yards or 44.07 sq.mts. with tiled house near to the door No.12-24 of Challavaripalem Panchayat, Ankireddypalem Sivaru, Nallapadu and as such he has become absolute owner of the same and the complainant is liable for eviction and deliver vacant possession within ten days. The complainant got issued a reply dated 09-12-10 through his counsel denying the title of Emani Venkata Reddy and Talatala Appi Reddy stating that he perfected title to the site of 52 sq. yards together with tiled house with Dr.No.11-24 by adverse possession to the knowledge of the said Emani Venkata Reddy and Talatala Appireddy and also the including public of Challavaripalem village, Nallapadu Mandal.
The complainant is regularly paying electricity bills and paying house tax upto December, 2010 till it is disconnected. Under these circumstances, the complainant and his family members are suffering great inconvenience with lack of electricity supply. It is illegal and unlawful on the part of opposite party and is bound to render necessary services to restore electricity supply to the house of the complainant. Hence the complaint.
3. The opposite party filed version, which is in brief as follows:
It is true that the complainant herein has applied for provision of service connection to his premises under ‘Indiramma Padhakam’ and paid an amount of Rs.150/- on 11-04-08 under temporary receipt No.178388. On production of house tax demand notices issued by Panchayat Secretary, Challavaripalem Gram Panchayat, the opposite party provided electricity service connection under No.113807001130 in the name of the complainant. Later one Duggempudi Savithri w/o Sambireddy gave a complaint to the opposite party stating that they are absolute owners of the premises wherein the complainant has been living and requesting the Department to disconnect the service connection. As there are disputes with regard to title of the property the opposite party addressed a letter to the complainant to produce the documents if any to prove his title. But the complainant herein failed to produce the documents but have made a reply on 09-12-10 in which he stated that Duggempudi Savithri and Talatala Appi Reddy and others hatching the plans to grab the property with fictitious document and he has been in possession of the property for the last 17 years and they have no right to question his possession etc. As the complainant failed to produce the proper title deed the opposite party disconnected the supply of electricity to the premises of complainant. Admittedly there are disputes regarding service connection premises and as per the terms and conditions of the supply in case of dispute with regard to property of the prospective consumer should produce the consent of the owner of the premises. The opposite party restored the power supply undertaking from the complainant, mentioning the landed property other than his premises for recover of any dues, as per the order of the Forum in IA.No.64 of 2011. The complaint may be dismissed with costs.
4. Both parties have filed their respective affidavits. Ex.A1 to A24 are marked on behalf of complainant. Ex.B1 is marked on behalf of opposite party.
5. Now the points for consideration are
1. Whether the complainant is entitled for restoration of power supply?
2. Whether there is any deficiency of service on the part of opposite
party?
3. To what relief the complainant is entitled to?
6. POINT No.1
The opposite party provided electricity supply to the complainant’s premises on 11-04-08 on submission of house tax receipt and on payment of Rs.125/-. Disputes arose between the complainant and one Smt.Duggempudi Savithri regarding the title and ownership of the house to which SC.No.1113807001130 was issued by the opposite party. The said D.Savithri filed OS No.219/11 for possession of the disputed house before the I Additional Junior Civil Judge, Guntur. This Forum cannot go into the title of the said house.
7. Section 43 (1) of Electricity Act, 2003 reads as follows:
“Every distribution licensee shall on an application by the owner or occupier of any premises give supply of electricity to such premises within one month after receipt of the application requiring such supply.”
8. Clause 5.2.3 of terms and conditions of Supply of Distribution and Retail Supply Licenses:
“An applicant who is not the owner of the premises he occupies and intending to avail of supply shall submit an Indemnity Bond drawn by the owner of the premises in favour of the company whereby the owner of the premises undertakes to indemnify the company for any loss caused to the company by the applicant (who is the tenant/occupant of the premises) arising out of the release of service to the tenant/occupant. Otherwise he shall be required to pay three times the normal security deposit apart from providing proof of his being in lawful occupation of the premises.”
9. Giving power supply to the house bearing Door No.11-24 in favour of the complainant by the opposite party has to be inferred that opposite party gave power after following the rules. It is not open to the opposite party to disconnect power supply if another raised dispute regarding title to the said house. The opposite party could have exercised that much of caution before giving power supply. The opposite party is not competent to go into the title of the house in question. Under those circumstances, directing the opposite party to restore power supply will meet the ends of justice.
10. Both the complainant and opposite party submitted that the opposite party gave power supply in view of the orders passed in IA 64/11 dt.25-03-11. Under those circumstances directing the opposite party to continue the power supply will meet ends of justice.
11. POINTS 2 & 3
In view of the objection raised by third party, the opposite party disconnected power supply. Therefore, we cannot find deficiency of service on the part of opposite party. Hence, the complainant is not entitled to any compensation.
12. In the result, the complaint is allowed with a direction to opposite party to continue power supply to the premises of complainant subject to payment of consumption charges from time to time as stipulated by the opposite party.
Typed to my dictation by the Junior Steno, corrected by me and pronounced in the open Forum, this the 30th day of September, 2011.
MEMBER MEMBER PRESIDENT
APPENDIX OF EVIDENCE
DOCUMENTS MARKED
For Complainant:
Ex.No | DATE | DESCRIPTION OF DOCUMENTS |
A1 to A4 | - | Copies of house tax receipts in the name of complainant |
A5 | 11-04-08 | Receipt for electricity service connection to the house of complainant issued by opposite party |
A6 to A9 | - | Electricity bills of complainant’s service connection |
A10 | 07-12-10 | Notice issued by opposite party to complainant |
A11 | 09-12-10 | O/c. of reply notice by the complainant |
A12 | 11-12-10 | Postal receipt |
A13 | - | Postal acknowledgement |
A14 | 30-11-10 | Copy of legal notice got issued by the counsel of Talatala Appi Reddy to the complainant |
A15 | 09-12-10 | O/c. of reply notice by the complainant’s counsel |
A16 | 13-12-10 | Copy of postal acknowledgement |
A17 | 18-12-10 | Copy of notice issued by the Panchayat Secretary, Challavaripalem, Guntur Rural to the complainant |
A18 | 03-01-10 | Copy of reply notice by the complainant’s counsel |
A19 | - | Copy of postal acknowledgement |
A20 | 24-11-08 | Copy of receipt for deposit for water tap connection issued by the Panchayat Secretary, Challavaripalem, Guntur Rural in favour of complainant |
A21 | 09-02-08 | Copy of bill for water tax paid by the complainant to the Panchayat Secretary, Challavaripalem, Guntur Rural |
A22 | 22-01-09 | Copy of bill for water tax paid by the complainant to the Panchayat Secretary, Challavaripalem, Guntur Rural |
A23 | 07-03-10 | Copy of bill for water tax paid by the complainant to the Panchayat Secretary, Challavaripalem, Guntur Rural |
A24 | 16-09-11 | Memo filed by the complainant |
For opposite party:
B1 | - | Copy of plaint in OS No.219/11 on the file of I Addl. Junior Civil Judge Court, Guntur |
PRESIDENT
