Karnataka

Koppal

CC/14/4

Pakirappa.C.Hosavakkal, R/o: Kushtagi. - Complainant(s)

Versus

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

M V Mudgal.

24 Jan 2014

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
OLD CIVIL COURT BUILDING, JAWAHAR ROAD, KOPPAL
 
Complaint Case No. CC/14/4
 
1. Pakirappa.C.Hosavakkal, R/o: Kushtagi.
S/o: Channabasappa Hosavakkala, Age: 51 Years, Occ: Business, R/o: Kushtagi, Dist: Koppal.
Koppal.
Karnataka.
...........Complainant(s)
Versus
1. The Asst.Executive Engineer, GESCOM, Kushtagi.
O & M Sub Division, GESCOM, Kushtagi
Koppal.
............Opp.Party(s)
 
BEFORE: 
 HONORABLE K.V.Krishnamurthy. PRESIDENT
 HON'ABLE MR. R.BANDACHAR MEMBER
 
For the Complainant:M V Mudgal., Advocate
For the Opp. Party:
ORDER

The electric installation to the bore-well bearing RR No. KSTP – 10827 belonging to the complainant herein has been disconnected in the month of September – 2010 as could be seen from the contents of the notice dated: 28-8-2010 and 23-9-2010 for non-payment of the demand notice prepared on the ground that the electricity has been used for commercial purpose instead of agriculture.  The demand notice was for Rs.1,23,191/-.  The complainant thereafter given a representation dated: 29-9-2010 not to disconnect the electric installation bearing RR No. KSTP – 27989 by transferring the demand by that installation.  The GESCOM has not disconnected the said installation so far.  The grievance in this complaint confined to the RR No. KSTP – 10827 only.

 

            2.  The disconnection has been done prior to 23-9-2010.  This complaint has been filed on 10-01-2014, i.e., after the lapse of more-than 3 ½ years.

 

            3.  The complainant has been filed an application for condonation of delay.  The affidavit accompanying the application do not contain any cause sufficient for condoning the delay in presenting the complaint after the lapse of limitation period prescribed u/sec. 24(A) of the Consumer Protection Act – 1986.  Suffice to say that the contents of the affidavit are very vague, tenuous and too slender for acceptance.  Hence we hold that there is no sufficient cause for condoning the delay.

 

            4.  In this case, there exists gross negligence, deliberate inaction and lack of bonafides on the part of the complainant.  Also see Ram Lal and Ors., Vs. Rewa Coalfields Ltd., AIR 1962 Supreme Court 361 and Post Master General and Others Vs. Living Media India Ltd., and Another (2012) 3 Supreme Court Cases 563.

 

            5.  For the above reasons, the complaint is dismissed at the stage of admission.

 
 
[HONORABLE K.V.Krishnamurthy.]
PRESIDENT
 
[HON'ABLE MR. R.BANDACHAR]
MEMBER

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