Karnataka

Kolar

CC/29/2017

Sri.Thippa Reddy S/o Chwodappa - Complainant(s)

Versus

The Asst.Executive Engineer, BESCOM - Opp.Party(s)

Venkataramanareddy

14 Dec 2017

ORDER

Date of Filing: 06/04/2017

Date of Order: 14/12/2017

BEFORE THE KOLAR DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, D.C. OFFICE PREMISES, KOLAR.

 

Dated: 14^TH DAY OF DECEMBER 2017

PRESENT

SRI. K.N. LAKSHMINARAYANA, B.Sc., LLB., PRESIDENT

SMT. A.C. LALITHA, BAL, LLB.,  ……  LADY MEMBER

 

CONSUMER COMPLAINT NO.29 OF 2017

Sri. Thippa Reddy,

S/o. Chowdappa,

Aged About 64 Years,

R/at: Dimbala Village,

Ronur Hobli,

Srinivaspur Taluk.                                              ….  COMPLAINANT.

(Rep. by Sri. Venkataramana Reddy, Advocate)

 

- V/s -

1) The Executive Engineer,

BESCOM, M.B.Road, Kolar.

(Rep. by Sri. B.S. Vijaya Kumari, Advocate)

 

2) The Superintendent of Engineer,

BESCOM, M.B. Road,

Kolar.

(Rep. by Sri. B.S. Vijaya Kumari, Advocate)

 

3) The Assistant Executive Engineer,

BESCOM, Srinivaspur Taluk,

Srinivaspura.

(Rep. by Sri. B.S. Vijaya Kumari, Advocate)  …. OPPOSITE PARTIES.

 

-: ORDERS:-

BY SRI. K.N. LAKSHMINARAYANA, PRESIDENT

01.   The complainant having submitted this complaint on hand as envisaged Under Section 12 of the Consumer Protection Act, 1986 against the opposite parties claiming issuance of directions against the Ops to provide power connection to the bore-well and flour-mill of the complainant and also sought a sum of Rs.5,00,000/- towards loss and general damages and any other reliefs as this Forum deems to be fit.

 

02.   The facts in brief:-

(a)    It is the contention of the complainant that, he being Consumer of the OPs since 30 years and he had availed power connection for his bore-well vide R.R. No.S21P636 and flour-mill bearing No.DLP2.  The said bore-well is situated at Survey No.111/6 of Champalli Village and flour-mill is situated at Champalli Village since 30 years and paid electricity bills regularly to the BESCOM. 

 

(b)    Further it is contended that, on 18.03.2017 one Sri. Thammappagari Venkatappa had hit the electrical pole by his tractor, due to which the electrical poll was partly damaged, thus electrical wires of his bore-well and flour-mill were damaged.  Therefore there was no power supply to his bore-well and flour-mill.  Thereafter the complainant has orally intimated to the Ops which is of no use.

 

(c)    Further it is contended that, due to non-availability of power connection to the bore-well and flour-mill the mulberry and other crops raised in his land had been dried and has incurred loss of Rs.5,00,000/- from the crops as well as from the flour-mill also.  On 24.03.2017 the complainant had issued letter to the Ops, but the Ops had not complied.  So contending, the complainant has come up with this complaint on hand seeking the above set-out reliefs.

 

(d)    Along with the complaint the complainant has submitted the following 09 documents:-

(i) Complaint dated: 24.03.2017/Letter

(ii) Electricity payment bills (Originals)

(iii) Copy of the order issued by the BESCOM vide RR No.SNIP 636.

(iv) Copy of the Electricity Bills 06 in number in two sheets.

(v) Original postal receipt issued by the professional courier.

(vi) Photos in respect of Electric poll standing across.

(vii) Bore-well pump consisting with photo

(viii) Photos of Mulberry crops which were dried.

(ix) Two Photos of floor-mill.

 

03.   In response to the notice issued by this forum the learned counsel appeared for Ops and submitted written version by resisting the claim of the complainant in toto:-

 

(a)    It is the contention of the Ops that, on 18.03.2017 due to hit of the tractor the electrical poll was partly damaged and wires were damaged due to which the power supply to the entire village was disconnected.  After this incident along with other villagers this complainant has gave complaint orally.  The very next day is Sunday, hence Ops not taken any action.  On 19.03.2017 line-men went to the spot and installed poll and gave connection to all the villagers and also temporary connection given to the complainant’s house.  To give connection to the complainant’s flour-mill villagers were opposed, because wires are passed on their houses.  Later on Ops tried to install the poll in other place near to the pole broken area, for that, complainant opposed by saying that, that place belongs to him.  Then on the direction of AEE the linemen gave connection to flour-mill of the complainant.  Thereafter the electrical supply for flour-mill and bore-well of the complainant is regularized. 

 

(b)    It is further contended that, as already Ops have given power supply to the complainant’s bore-well as well as to the flour-mill there is no cause of action to this complaint and only to get benefit from the Ops the complainant has filed this false complaint.  So contending Ops have prayed for dismissal of the complaint with exemplary cost has been sought.

 

(c)    Along with the version Ops have submitted following 06 documents:

(i)  13 photos of bore-well and flour-mill of the complainant

(ii) Acknowledgment given by Srinivasapur Police.

(iii) Customer History-Connection details

(iv) Statement of Section Officer, Srinivasapura.

(v)  Statement of line-men of BESCOM, O & M II, Srinivasapur.

(vi) Statement of Village people.

 

04.   On 29.08.2017 the learned counsel appearing for complainant has submitted affidavit evidence by way of examination-in-chief.  On behalf of Ops, OP No.2 Sri.T.S. Lakshmi Narayana Murthy, Assistant Executive Engineer (Elecl.,), BESCOM, C.O. & M Division, Kolar, has filed sworned affidavit evidence by way of examination-in-chief on 04.09.2017.

 

05.   Both the counsels have submitted their respective written arguments.  Heard oral arguments of both the parties. 

 

06.   Therefore the points that do arise for our consideration are that:-

(1) Whether there is deficiency in service on the part of Ops?

 

(2) If so, whether the complainant is entitled for the reliefs sought for in the complaint?

 

(3) What order?

 

 

07.   Our findings on the above stated points are:-

POINT (1):-      In the Affirmative

POINT (2):-      Partly Affirmative

POINT (3):-      As per the final order

for the following:-

REASONS

POINT (1) & (2):-

08.   On perusal of oral and documentary evidence of both the parties, it is crystal clear that, the one and the only point involved in this case is whether the Ops have given power connection to the flour-mill and bore-well of the complainant is in time or there is any delay, due to which the complainant has suffered any loss?

 

09.   On perusal of the proceedings of the order-sheet dated: 11.07.2017 on behalf of Ops an officer appeared in-person and submitted that, by next week he will supply electrical connection to the bore-well of the complainant.  And the Ops have pleaded in its version that, they had already given connection to the flour-mill and bore-well of the complainant and there was regular supply of power to the same.  The version filed by these Ops was on 29.05.2017 to this forum.  On perusal of the letter of the OP dated: NIL  and another letter dated: 14.05.2017 there was delay of 15 days for temporary power supply to DNP2 and it is not possible to give electric power to S21P-636.

 

10.   On perusal of the letter dated: 27.06.2017 it is the undertaking memo submitted by OP No.3 as he will ready to give power connection to the complainant’s I.P set if the complainant co-operate with BESCOM.  When such being the admissions of the Ops itself it is clear that, Ops have not given power supply as sought by the complainant is not in time they have delayed and after filing of this complaint as per the instructions given by this Forum, the officer of the Ops have undertaken and later on they have given power supply to the complainant’s bore-well as well as to the flour-mill.  Thus the Ops have rendered deficiency in service.

 

11.   The complainant has sought compensation of Rs.5,00,000/- towards damages he incurred, but the complainant has failed to submit the exact loss of his crops and also from his flour-mill.  The oral pleadings of the complainant cannot be taken in to consideration to award compensation as he sought without cogent and supporting evidence to that effect and the complainant has also not stated to which extent about the loss of crops suffered.  Further there is no report about the loss of crops and loss of flour-mill and the said fact is also not stated in the complaint given to the OP dated: 24.03.2017.  Therefore we are of the opinion that, there was an delay in giving power connection to the complainant’s bore-well as well as to the flour-mill and thus Ops have rendered deficiency in service.  Therefore we grant a sum of Rs.6,000/- towards compensation and accordingly we answered Point (1) in the Affirmative and Point (2) in Partly Affirmative.

 

POINT (3):-

12.   In view of the above discussions on Point (1) and (2) we proceed to pass the following:-

ORDER

01.   For foregoing reasons the complaint is allowed-in-part with costs of Rs.1,000/- against the Ops.

02.   The Ops are hereby directed to pay a sum of Rs.6,000/- as compensation to the complainant.

03.   Send a copy of this order to both parties free of cost.

 

(Dictated to the Stenographer, transcribed by him, corrected and then pronounced by us on this 14^th DAY OF DECEMBER 2017)

 

 

 

LADY MEMBER                                PRESIDENT