Karnataka

Chitradurga

CC/38/2014

H.Manjappa. S/o. Hanumanthappa - Complainant(s)

Versus

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

Shri.K.S.Lokesh

28 Jan 2015

ORDER

COMPLAINT FILED ON : 26/05/2014

     DISPOSED ON: 28/01/2015

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA

 

CC. NO. 38/2014 DATED: 28th January 2015

 

PRESENT :-     SRI.H.RAMASWAMY                MEMBER

                                B.Com., LL.B.,(Spl.)

 

                SMT.G.E.SOWBHAGYALAKSHMI     MEMBER

                                B.A., LL.B.,

 

COMPLAINANT	Sri. H. Manjappa, S/o Hanumanthappa, Aged about 46 year, Advocate, Madakaripura, Chitradurga Taluk.   (Rep by Sri. K.S. Lokesh, Advocate)
OPPOSITE PARTY	1. Executive Engineer, Division, Bescom, Town Division, Divisional Office, Near D.C. Office, Chitradurga.   2. The Assistant Executive Engineer, Bescom Town Division, Divisional Office, Near D.C. Office, Chitradurga,   3. The Section Officer, (Madakaripura Division) Bescom Town Division, Divisional Office, Near D.C. Office, Chitradurga.   (Rep by Sri. M. Umesh Advocate)

 

SMT.G.E. SOWBHAGYALAKSHMI, MEMBER.

ORDER

 

        The above complaint has been filed by the complainant U/s 12 of C.P. Act for the relief of direct the Opposite parties (here in called Ops) to pay Rs. 50,000/- towards the deficiency of service Opposite parties committed by the Op to the complainant and mental agony along with 12% interest per annum and to grant such other reliefs.

        2. Brief facts of the complaint is that the  complainant has living rented house at Madakaripura Village, Chitradurga Taluk Since 4 years. The complainant house owner had taken electricity connection under M.K.L. 214 from Ops Department and he had paid electricity bill time to time to Ops department. Complainant is the consumer of Ops Department. Complainant has received the electricity bill from Op on 11/03/2014 and the lost date of payment of bill is on 25/03/2014. The Complainant had paid the electricity bill on 19/03/2014 and obtained receipt. On 21/03/2014 employees of Ops had disconnected the power supply to the complainant house. The family members of the complainant requested the employees of Ops and shown the receipt for payment of the electricity bill to the line man but he has stated that the direction given by the Ops he had disconnect the power supply.

        3. Complainant further stated that on the same day evening 7 p.m. to 9 p.m. complainant has contact the Op.2 and his lineman through phone and requested to connect the power supply but Op.2 and his lineman have not given any answer. Complainant has came to the Office of the Ops and requested to take the  complaint but OPs have refuse to take the complaint there by Ops have committed deficiency of service towards the complainant complainant had forced to registered the complaint. On the same day Ops have registered the  complaint at night 9 p.m. after received the complaint several requests made by the complainant  Ops have connected the power supply to his house at about 9-30 p.m. due to the act of the Ops complainant has suffered mentally physically and deficiency in service of Ops complainant has loosed for sum of Rs. 50,000/- complainant issued legal notice to Ops through his counsel the same was un-served due to non correct of the address. The cause of action arose on 21/03/2014 when the line man of Ops disconnect the power supply to the complainant house. Even complainant paid electricity  bill and prayed for allowed the complaint with cost.

        4. On the service of Notice Ops have appeared through their counsel Sri. M. Umesh advocate and filed version. Ops have denied the averments made in the complaint as false. Ops further stated that complainant is an practicing  advocate and he is the college of one senior Advocate by name Sri. K.N.Vishvanathaiah at Chitradurga and he has attended the office regularly morning and evening every day. Commonly the complainant has  left the Office at night 11=00 p.m. and the  Complainant has not reach his house before 11 p.m. Ops have further stated that the complainant has not produced any document or report to show that at the time of incident and incident place there is power supply and complainant has not disclosed the name of the neighbors and his house owner. Ops further stated that the R.R. number holder is not paid electrical charges as per the norms and rules of Bescom, the Ops R.R. holder  is not paid electric charges for the month of January, February of 2014. When the R.R. holder failed  to pay the electric charges within the period, supply  of the electric power is disconnected hence there is no deficiency in service on the part of the Ops. The complainant suppress the real material fact and prayed for dismissal of the complaint with cost.

        5. Complainant himself examined as pw-1 by filing affidavit evidence and filed documents the same was got marked as Ex A-1 to A-9. On behalf of Ops one Sri. Jayanna R. S/o Late Ramappa, Section Officer unit-3 Chitradurga examined as Dw-1 by filing affidavit evidence and filed two documents, got marked as Ex B-1 and B-2.

        6. Heard the Arguments.

        Now the points that arise for our consideration for the decision of above complaint are that:-

        Point No.1:- Whether the complainant proves that the complainant is the consumer to the Ops and the complainant paid the electric bill to Ops on 19/03/2014 and the Ops No.2 lineman illegally disconnected the electric power supply to the complainant house on 21/03/2014 and there by  Ops committed deficiency of service and entitle for reliefs?

        Point No.2:- What Order?

        7. Now the finding on the above points are as under:

        Point No.1:-Affirmative.

        Point No.2:- As per final order.

Reason on point No.1

        8. Complainant contention that he has living rented house since 4 years at Madakari pura Village, Chitradurga Taluk  and complainant house owner had taken electricity connection under MKL 214 from Ops Department and he had paid electricity bill time to time to Ops. Complainant is the consumer of Ops. Complainant has received the electricity bill from Ops on 11/03/2014 and the lost date of payment of bill is on 25/03/2014. The complainant had paid the electricity bill on 19/03/2014 and obtained receipt. Complainant further stated that on 21/03/2014 employees of Ops had disconnected the power supply to the house of the complainant the family members of the complainant requested the Ops employees and shown the receipt for payment of the electricity bill to the lineman but he has stated that the direction given by the Ops he had disconnect the electric Power Supply. Complainant further stated that on the same day evening 7 p.m. to 9 p.m. complainant has contact the Op.2 and his lineman through phone and requested to connect the electric Power supply but Op.2 and his lineman have not given any answer. Complainant has came to the Office of Ops and requested to take the complaint but Ops have refuse to take the complaint, there by Ops have committed deficiency of service towards the complainant. Complainant had forced to registered the complaint on the same day. Ops have registered the complainant at night 9 p.m. after received the complaint several requests made by the complainant. Ops have connected the  electric Power supply to his house at about 9-30 p.m. Due to the act of the Ops complainant has suffered mentally and physically. Even complainant paid electricity bill Ops lineman disconnect the Power supply to the house of the complainant on 21/03/2014, it amounts to deficiency of service and prayed for allow the complaint.

9. In support of his case complainant himself examined as pw-1 by filing affidavit evidence in which reiterated the contents of the complaint and two witness as examined as Pw-2 and Pw-3 by filing their affidavit evidence and filed documents the same was marked as Ex A-1 to A-9  and also filed Zerox copy of the Rent agreement. On perusal of the rent agreement. It shows the complainant has residing at Madakaripura Village Chitradurga Taluk, in rented house since 2 years. Which is owned by one Jayamma W/o Kariyappa and payment of rent for Rs. 2,000/- p.m. It shows the owner of the Jayamma executed the rent agreement in favour of the complainant. It is signed by her to the rent agreement and also signed by the Pw-2 and Pw-3 as witnesses. On perusal of the affidavit evidence of Pw-2 and Pw-3. They are deposed that the complainant has residing in the house of Jayamma as a tenant since 2 years at Madakaripura village. The said house was having electricity connection meter No. MKL 214. Pw-2 and Pw-3 are the residents of Madakaripura Village. Pw-2 T. Rangaswamy has  filed his Adhaar Card Zerox copy with his affidavit evidence The zerox copy of the Adhaar card shows the T. Rangaswamy is the resident of Madakaripura Village. It is  not in dispute.

        10. On perusal of the affidavit evidence of Pw-1 to Pw-3 and documents like zerox copy of the rent agreement and Ex A-1 and Ex A-2 shows that the complainants house owner had taken the electrical power supply connection to her house from Ops Department and the electrical meter No. MKL:214 i.e. R.R. No. MKL 214. It is also not in dispute. It is only in dispute that the R.R. No. holder is not paid electrical charges as per the norms and Rules of Bescom.   

        11. On the other hand Ops have filed their version and denied the allegation made in the complaint and it is also denied that complainant has suffered mentally and he has loss for Rs. 50,000/-towards the deficiency of service committed by the Ops. In support of Ops contention one Sri. Jayanna S/o Late Ramappa Section Officer Bescom Limited, Chitradurga examined as Dw-1 by filing affidavit evidence in which he is reiterate the contents of the version and relied on document like Ex B-1 and Ex B-2.

        12. Ops have admitted in the version and affidavit evidence that the R.R. holder is not paid electric charges for the month of January , February of 2014, hence when the R.R. holder failed to pay the electric charges with in the period, supply of the electric power is disconnected. hence there is no deficiency in service on the part of the Ops.

        13. On perusal of the Ex A-1 and It's receipt shows the Heading Bescom, Chitradurga sub Division. It show Receipt No. 318 R.R. No. MKL 214 pay date 19/03/2014 bill amount is Rs. 1573/- paid amount Rs. 1580/- excess paid Rs. 7=00 customer name K. Sanna Dasappa pay time show 14-58,08 hours i.c at about 3 p.m. As per the Ex A-1  bill amount is Rs. 1,573/- Ex A-1 bill payment receipt shows paid amount is Rs. 1580/- excess paid Rs. 7-00. So, the complainant paid the electric charges dated 19/03/2014. As per the contention of complainant Ops employees disconnected the electrical power supply on 21/03/2014. After payment of bill. It is the duty of the Ops and his employees to ascertaining the payment of bill before disconnected the electric power supply. Ex A-1 bill payment receipt shows that the complainant paid the electric charges. So, the question of non payment of the electric charges does not arise. So, the Ops themselves admits that the R.R. holder is not paid the electric charges for the month of January, February of 2014. Hence when the R.R. holder failed to pay the electric charges with in the period supply of electric power is disconnected Ex B-2 shows in the month of January door locked  February, March of 2014 electric bill is Rs. 1,593/- date 13/03/2014, as per the Ex A-1 bill payment receipt. Complainant  paid the bill on 19/03/2014 within a week from the date of issued the electric bill. As per the contention of Op non payment of the electric bill in the month of January, February of 2014 electrical power is disconnected. On perusal of the  entire case records Ops have disconnected the electric power after payment of the electric charges for believing the contention of Ops, the  Ops have disconnect the electric power before  payment of electric charges i.c. 18/03/2014 but Ops have disconnected the electric power on 21/03/2014 after payment of the electric charges complainant paid the electric charges on 19/03/2014. So the contention of the Ops is not believable. So, Ops have committed deficiency of service towards the complainant. It is the duty of the Ops and their employees to verify the payment of electric charges and to ascertain the payment of electric charges before disconnected the electric power. Ops employees i.e. lineman of Op No.2 without ascertain the payment of electric charges illegally disconnect the electric Power to the complainant house. It is clearly shows that the Ops have committed deficiency in their service and the complainant and his family member suffered due to the act of the Ops. As per the contention of the complainant several request made by the complainant Ops have connect the electric power on 21/03/2014 at about 9-30 p.m. So it is clearly shows that the complainant and his family member were suffered mentally and physically due to the act of the Ops therefore the complainant is entitle for compensation.

        14. On perusal of the Ex A-2 to A-9. Ops have purposely  avoid to take of the legal notice issued by the complainant through his advocate. The attitude of the Ops shows that they have committed deficiency in their service towards the complainant.

        15. In view of the above said discussion Point NO.1 is held as affirmative. Point No.2: As discussed on the above point and for the reasons stated there in we pass the following order.

                                        Order

        Complaint filed by the complainant U/s 12 of the C.P. Act 1986 is partly allowed.

        It is ordered that the Ops have Jointly and several directed to pay the compensation of Rs. 2,000/- to the complainant along with 9% interest from the date of complaint i.e. on 26/05/2014 till the payment within two months from this  order.

 It is further ordered that Ops have directed to pay sum of Rs. 2,000/-towards mental agony and Rs. 1,000/- towards cost at this proceedings.

        Accordingly complaint is partly allowed.

  (This order is made with the consent of President and Member after the correction of the draft on 28/01/2015 and it is pronounced in the open Court after our signatures.)

 

MEMBER                                                                 MEMBER                       

Annexures:

Complainant by filing  affidavit evidence taken as Pw-1 Witness examined onbelalf of complainants:

                                                -Nil-

Op.No.3 by filing affidavit evidence taken as Dw-1

Witnesses examined on behalf of Ops:

-Nil-

Documents marked on behalf of complainants:

01	Ex-A-1:-	Electricity bill with receipt
02	Ex-A-2:-	Legal Notice dated 28/03/2014
03	Ex-A-3:-	Postal receipts and acknowledgement
04	Ex-A-4:-	Letter dated 29/03/2014 issued by the Executive engineer Rural Division Bescom, Chitradurga.
05	Ex-A-5:-	1 Return Postal cover.
06	Ex-A-6:-	Legal notice dated 03/04/2014
07	Ex-A-7:-	Returned two RPAD covers.
08	Ex A-8:-	Office copy of the Legal notice dated 28/03/2014.
09	Ex A-9:-	Returned RPAD postal cover.

Documents marked on behalf of Opponent:

01	Ex B-1:-	Reading date 11 GVPA list on March 2014 issued by Bescom.
02	Ex B-2:-	Bill details issued by Bescom.

 

                                                                                       

Kms.*