This C.C. is came before us for final hearing in the presence of K.Maheswara Prabhu, Advocate for complainant and of Sri.G.Hareender Reddy, Advocate for opposite parties No.1 and 2 and of Sri.H.Sree Rama Rao, Advocate for opposite party No.3; upon hearing the arguments and upon perusing the material papers on record, this Forum passed the following order:
O R D E R
(per Sri. Vijay Kumar, President)
This complaint is filed u/s.12 of Consumer Protection Act, 1986. The averments made in the complaint are that the complainant is a resident of house No.10-4-28, N.G.O’s colony, Mamillagudem, Khammam town, which is an ancestral house and having electricity power supply vide service connection No.4493 and he is paying the electricity bills to opposite party No.1.
2. Some disputes arose between the complainant and the opposite party No.3 regarding the ownership of the house, Civil suits are pending in O.S.828/1999 before the Prl. Jr. Civil Judge and in O.S.29/2007 before the Senior Civil Judge, Khammam. The electricity power supply stands in the name of opposite party No.3. Taking advantage, the opposite party No.3 has represented before the opposite party Nos.1 and 2 to disconnect the power supply to cause inconvenience and hardship to the complainant. Under the guise of representation made by the opposite party No.3, the opposite party No.1 and 2 are threatening the complainant for disconnection of the power supply without hearing the complainant and without considering the fact of the pending civil disputes regarding the ownership. This act on the part of opposite party Nos.1 and 2 amounts to deficiency in service. Hence, the complaint.
3. Apart from the complaint, the complainant filed his affidavit reiterating the averments made in the complaint and also got marked Exs.A.1 to A.10. Ex.A.1 original electricity bill issued by the opposite party No.1, dt.5-3-2007, Ex.A.2 original cash receipt issued by E-seva pavilion ground, Khammam for Rs.127, dt.9-3-2007, Ex.A.3 representation made to the opposite party No.2 by the complainant, dt.9-3-2007, Ex.A.4 xerox copy of house hold card of the complainant, dt.29-11-2005, Ex.A.5 xerox copy of voter identity card issued by the Election Commission of India, dt.15-12-2005, Ex.A.6 xerox copy of identity card issued by the Department of Culture, Govt. of A.P. Ex.A.7 xerox copy of driving licence issued by R.T.O., Khammam, dt.7-8-1995, Ex.A.8 xerox copy of Agreement arrived in between the complainant and opposite party No.3, dt.4-3-2005, Ex.A.9 photograph with negative showing the complainant’s residence, and Ex.A.10 xerox copy of official memo, Dis.No.279/2007/DLSA issued by District Legal Service Authority, Khammam, dt.27-2-2007.
4. Having received the notice, the opposite party Nos.1 and 2 filed the counter, denied all the averments made in the complaint and contended that the service connection No.4493 was released in the name of one B.Seetha Ram Singh, who is opposite party No.3 and he is the consumer. Regarding the civil suits pending between the complainant and opposite party No.3 are concerned, the opposite parties No.1 and 2 are no way concerned. The opposite parties No.1 and 2 having received the bills in the name of opposite party No.3 and there is no consumer relationship between the opposite parties No.1 and 2 and the complainant, because the complainant is not a consumer in the service connection No.4493. As such, the complaint is not maintainable. As per the orders in I.A.257/2007, the service connection No.4493 has not been disconnected till today.
5. The opposite party No.3 also filed the counter and contended that the civil suits are pending between him and the complainant. The service connection No.4493 stands in his name and he is the consumer of opposite parties No.1 and 2. He further states that on his representation to the opposite parties No.1 and 2, power supply was disconnected to the house of the complainant. The complainant is not a consumer and therefore, he cannot seek any remedy against the opposite party No.3 and against opposite parties No.1 and 2 and prayed to dismiss the complaint.
6. Now the point for consideration is,
Whether the complainant is a consumer within the meaning of consumer protection Act? and he is entitled to claim as prayed for?
P O I N T
7. The complainant filed an application in I.A.257/2007 along with the complaint and an interim order is passed by this forum, directing the opposite parties No.1 and 2, not to disconnect the electricity service connection No.4493 until disposal of the main complaint. Ever since he obtained the interim order, the complainant never turned up and not shown any interest in conducting the proceedings of the main complaint. At last the case is treated as heard from both sides. The complainant refers some documents, which are listed and marked as Exs.A.1 to A.10. Among these documents, Exs.A.1 and A.2 pertain to cash receipt for the electricity supply to the service connection No.4493, Ex.A.3 is the representation by the complainant and Exs.A.4 and A.5 are household card and voter I.D. card showing that the complainant is residing in the house bearing No.10-4-28 of Mamillagudem and Exs.A.6 to A.9 also speak about the residence of the complainant, Ex.A.10 is the order of the District Legal Services Authority, Khammam forwarding the petition to the S.H.O., Khammam I town, to provide necessary protection to the complainant. The above documents clearly go to show that the complainant is residing in the house bearing No.10-4-288 of Khammam and there are disputes between him and opposite party No.3 regarding the ownership of the house. On the basis of aforesaid documents, it has become clear that the service connection No.4493 stands in the name of opposite party No.3 being the owner of the house.
8. On the other hand, opposite parties No.1 and 2 categorically stated that the complainant is not a consumer and the connection does not stand in the name of the complainant. Therefore, he cannot be called as a consumer. Therefore, the complainant does not come under the purview of consumer as defined in the consumer protection Act. Since the complainant is not a consumer, he cannot claim any deficiency in service on the part of opposite party Nos. 1 and 2. Hence, the complaint is liable to be dismissed.
9. In the result, the complaint is dismissed with no costs.
Dictated to the steno, transcribed by her, corrected and pronounced by us in the open forum, on this 5th day of February, 2009.
PRESIDENT MEMEBR MEMBER
DISTRICT CONSUMERS FORUM
KHAMMAM
Appendix of Evidence
Witnesses examined for complainant
-None-
Witnesses examined for opposite parties:
-None-
Exhibits marked for complainant:
Ex.A.1 original electricity bill issued by the opposite party No.1, dt.5-3-2007, Ex.A.2 original cash receipt issued by E-seva pavilion ground, Khammam for
Rs.127, dt.9-3-2007,
Ex.A.3 representation made to the opposite party No.2 by the complainant,
dt.9-3-2007,
Ex.A.4 xerox copy of house hold card of the complainant, dt.29-11-2005
Ex.A.5 xerox copy of voter identity card issued by the Election Commission of
India, dt.15-12-2005,
Ex.A.6 xerox copy of identity card issued by the Department of Culture,
Govt. of A.P.
Ex.A.7 xerox copy of driving licence issued by R.T.O., Khammam, dt.7-8-1995, Ex.A.8 xerox copy of Agreement arrived in between the complainant and
opposite party No.3, dt.4-3-2005,
Ex.A.9 photograph with negative showing the complainant’s residence,
Ex.A.10 xerox copy of official memo, Dis.No.279/2007/DLSA issued by District
Legal Service Authority, Khammam, dt.27-2-2007.
Exhibits marked for opposite party No.3:
-Nil-
PRESIDENT MEMEBR MEMBER
DISTRICT CONSUMERS FORUM
KHAMMAM
