Per Sri A. Hazarath Rao, President:-
The complainant filed this complaint under section 12 of the Consumer Protection Act, 1986 seeking new service connection to her house from the opposite party.
2. In brief the averments of complaint are these:
The complainant inherited the house bearing No.3-129 from her father-in-law. At the time of joining the said house there was no electricity service connection to the said house. The complainant on 04-06-10 applied for new service connection to the opposite party and paid Rs.425/-. The opposite party expressed their inability to provide new service connection for want of meters. The complainant waited for about a week and again approached the opposite party. The opposite party gave reply to the complainant with false averments. Not providing electricity service connection to the house of complainant amounted to deficiency of service. The complaint therefore be allowed.
3. The opposite party remained exparte.
4. Ex.A1 to A7 were marked on behalf of complainant.
5. Now the points for consideration are
- Whether the opposite party committed deficiency of service?
- If so to what relief?
6. POINTS 1 & 2
A perusal of Ex.A3 reply from opposite party revealed that it received Rs.425/- towards new service connection to the house of complainant.
7. Ex.A1 certificate dt.25-05-11 issued by Village Secretary, Vellaturu village revealed that the complainant inherited the house bearing No.3-129 with assessment No.455 from Raavuri China Hanumamma, W/o. China Mannaiah. In Ex.A2 receipt dt.04-05-11 house number was inserted subsequently as seen from its handwriting. The complainant paid house tax for the years ending 31-03-04, 31-03-05 and 31-03-06 on 02-06-10 (Ex.A4 to A6). The complainant as well as her affidavit was silent when the original owner died. Ex.A1 certificate and Ex.A4 to A6 house tax receipts revealed that the complainant is in possession of the house bearing No.3-129 with assessment No.455.
8. Ex.A3 reply dt.22-01-11 from the opposite party revealed that the house address mentioned in the complainant’s application already possessed electricity service connection and meter was removed from the said house due to non-payment of Rs.8043/-. Ex.A3 further revealed that the electricity service connection stood in the name of one N.Venkataiah with service connection No.212 and was removed on 03-07-07. Ex.A3 reply did not contain either the house number or assessment number to which, service connection No.212 was provided. Inspite of said reply the complainant did not take any steps to show that service connection No.212 did not belong to the house of complainant. Under those circumstances, it is not possible for this Forum to arrive at a conclusion that electricity service connection No. 212 was to the house in question or not. Under those circumstances, giving a direction to opposite party to provide service connection to the house No.3-129 with assessment No.455 if there were no dues (relating to that house) within a month, will meet ends of justice.
In the result, the complaint is allowed partly as indicated below:
- The opposite party is directed to provide service connection to the house bearing D.No.3-129 (Assessment No.455) of Vellaturu village if there are no dues relating to that house within a month from the date of receipt of copy of this order.
- There is no order as to costs.
Typed to my dictation by the Junior Steno, corrected by us and pronounced in the open Forum this the 6th day of June, 2011.
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MEMBER MEMBER PRESIDENT
APPENDIX OF EVIDENCE
DOCUMENTS MARKED
For Complainant:
Ex.Nos. | DATE | DESCRIPTION OF DOCUMENTS |
A1 | 25-05-11 | Certificate issued by Village Secretary, Vellaturu village |
A2 | 04-05-11 | Receipt for payment of house tax |
A3 | 22-01-11 | Reply regd. notice from opposite party |
A4 | 02-06-10 | House tax payment receipt for the year ending 31-03-06 |
A5 | 02-06-10 | House tax payment receipt for the year ending 31-03-05 |
A6 | 02-06-10 | House tax payment receipt for the year ending 31-03-04 |
A7 | 04-06-10 | Receipt for payment of Rs.425/- to opposite party for new service connection |
For opposite party: NIL
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PRESIDENT