Karnataka

Kolar

CC/137/2023

Smt.Ishrath Jabeen - Complainant(s)

Versus

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

05 Apr 2024

ORDER

Date of Filing: 31/10/2023

Date of Order: 05/04/2024

BEFORE THE KOLAR DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, OLD D.C. OFFICE PREMISES, KOLAR – 563 101.

Dated:05^th DAY OF APRIL 2024

SRI. SYED ANSER KALEEM, B.Sc., B.Ed., LL.B., …… PRESIDENT

SMT. SAVITHA AIRANI, B.A.L., LL.M., …..LADY MEMBER

CONSUMER COMPLAINT NO:137/2023

Smt. IshrathJabeen.

W/o Mohammed Ibrahim,

Aged about 56 years,

R/at No.3164,

SheshachalamModaliyar Road,

Bangarpet.

(Rep. by Sri. FayazAhamed, Advocate)  ….  Complainant.

 

                                                                                                                - V/s –

1. The Executive Engineer,

BESCOM, K.G.F.

 

2. The Superintendent,

BESCOM, Kolar.

 

3. The Assistant Work Engineer,

BESCOM, Bangarpet.

 

4. The Assistant Executive Engineer,

BESCOM,Bangarpet.

 (Rep. by Smt. B.S VijayaKumari, Advocate)….Opposite Parties.                     

 

-: ORDER:-

BY SMT.SAVITHA AIRANI, LADY MEMBER.,

1. This is the complaint filed under section 35 of the Consumer Protection Act 2019 against the OPs and prays to direct the OPs to reconnect the Electric Connection to the meter bearing No. BC 235 and BC 236 to the complainant shops and to grant the compensation of Rs.2,00,000/- for inconvenience and hardship caused by the OPs.

 

2. The brief fact of the complaint is that, the complainant is the owner of the property bearing No.31/8/128A, assessment No.3499/1 consisting of 2 shops situated at No.128A Rahim Nagar Bangarpet Town.  The complainant is a house wife and the above said property was gifted by her husband.Complainant using the rent of these shops for her livelihood.

 

3. Complainant further stated that, she applied for electricity connection by depositing approximately a sum of Rs.10,000/- to the OPs authorities for allotment of electric meter to the above said shops and OPs authority allotted 2 electric meters bearing No.BC235, BC236 and also installed to above said shops as per the work order issued by AEE BESCOM Bangarpet. And the complainant regularly paying monthly electric bill to the OP authorities without fail till today.

 

4. Further complainant stated that, on 15/02/2023 OPs disconnected the electricity connection without giving any notice to the complainant.  After disconnecting the electricity of the electric meter, complainant enquired with OPs but OPs did not responded properly.  On 20/02/2023 complainant given letter to the OPs with regard to disconnection of electric meter of the above said shops than also OPs did not answer to the said letter.

 

5. Further complainant stated that, on 15/03/2023 another letter was given to the OPs about the said matter to that letter also OPs did not replied to the complainant.  But OP.No.2 forwarded that letter to the OP.No.3 to visit the spot and give a report but OP.No.3 did not do so.  On 25/09/2023 complainant gave another remainder letter to the OP.No.4 (The Assistant Executive Engineer BESCOM Bangarpet) for that remainder letter OP.No.4 also did not given any reply.  Further the complainant has given a letter to the Assistant Executive Engineer Bangarpet as for the request of AE Bangarpet to submit the related documents of the above said property.  The same as enclosed with the letter dated 27/09/2023 but OPs did not give any reply to the above requisition letter.Further, theOPs did not answer or respond to the complainant’s all above said dated requisition letters. Hence this complaint.

 

6. Upon admission of the complaint and on issuance of notice that, the OPs authority appeared through their counsel and filed their version.

In the version, OPs admitted that, the complainant deposited a sum of Rs.10,000/- for allotment of the electric meters and OPs allotted 2 electric meters for complainant shops meter bearing No.BC235 and  BC236 and the complainant was regularly paying the electricity bills without any due.

7) Furthermore, OPs admitted that, the OPs disconnected the above said electric meters connection without the knowledge of the complainant because the complainant not fulfilled the norms of the BESCOM.

8) Further OPs admitted that, the requisition letters given by the complainant to the OPs for enquiry about the disconnection of electric meters.  But OPs denied all the facts except letter correspondent between them.

        9) But the Ops contended that, the complainant has filed the false complaint against them without considering legal aspect which the OPs authority bound to follow to give power service to the complainant meter No.BC235 and BC236.

10. Further OPs contended that, at the spot inspection OP.No.3 found that, there is no service main and incomplete wiring and the OP.No.3 informed to the complainant that, after completion of wiring installation of the meter box and connecting service main to the electric pole the power connection will be provided to the complainant shops.  But the complainant is continuously insisting OPs to provide power service to BC235 and BC236 by disconnecting RR.No.BL/11323 and BL/10632 of LT-3 which are existing beside of complainant’s shops and standing in other names.  Though OPs have refused to do so because they have no right to do so. Then also complainant putting pressure on the OPs to give connection from other service by giving continuous remainder letters to the OPs even though there was no fault of them.

 

11. Further OPs contended that, if complainant fulfilled the norms and conditions of the BESCOM regarding completion of the wiring, meter installation and main service by her contractor the OPs are ready to give power service to the complainant as per the conditions of the BESCOM.  OPs contended that, there was no deficiency in service from them. Hence OPs pray to dismiss the complaint as not maintainable.

12) In order to prove the case of the parties and the both parties filed their affidavit evidence and documents.

13) On the basis of the pleadings of the parties, the following points will do arise for our consideration.

 

1) Whether the complainant proves that, the Ops are deficient in their service?

2) Whether the complainant is entitled for the relief as sought in the compliant?

3) What Order?

Heard the arguments of both parties and perused the evidence placed on record.

Our answers to the above points are as under:-

         POINT No.(1)& (2):-  In the Affirmative.

         POINT No. (3):-       As per the final order

                                         for the following:-

 

                  REASONS

14. Point No.(1) & (2):-  On perusal of the pleadings of the parties and evidence placed on record and we are of the opinion that, these two points are interlinked to eachother and in order to avoid repetition of discussion of facts and for the sake of brevity, these points will taken up together for common discussion.

 

15. On perusal of the pleadings of the parties and the evidence placed on record, it is undisputed facts that, the complainant in order to obtain the electric power connection for her shops, she deposited Rs.10,000/-to the OPs authorityand also she regularly paying the electric consumption monthly bills.

 

16. It is the specific allegations of the complainant is that, OPs disconnected the complainant shops electric metersconnection without giving notice to the complainant.

 

17. Then the complainant enquired with OPs authority about disconnection of electricity of her shops, and she given requisition letters on 15/02/2023, 20/02/2023 and 15/03/2023 but OPs did not answered or respond to the complainant’s requisition letter.  Hence this complaint.  But the OPs in their version admitted that, the complainant deposited Rs.10,000/- for allotment of electric meters to her shops and OPs allotted 2 meters bearing No.BC235 and BC236.  The complainant was regularly paying the monthly bills without any due. The OPs in their version and affidavit evidence stated that, they disconnected the complainant’s shops electric meter connection without given any notice to the complainant about the disconnection of the electric meters of the complainant shops.

 

18. Furthermore, OPs stated that, the requisition letter given by the complainant to them for enquiry about the disconnection about the electric meters. But the OPs contention is only that, the complainant not fulfilled the norms of the BESCOM, hence OPs disconnected the complainant shops electric meters and they also stated that, upon the requisition letter on 15/02/2023 of the complainant OP.No.3 made a spot inspection on 17/10/2023 and submit the report that, there is no service main and incomplete wiring.  On 25/10/2023 OP.No.(3) sent a letter to the complainant stating that, after completion of wiring, installation of meter box and connection service main to the electric pole the power connection will be provided to complainant.  Further OPs stated that, complainant continuously insisting OPs to provide power service to the above said shop from RR.No. BL/11323 and BL/10632 of LT-3 which are standing in others name.  OPs have no right to do so complainant given so many remainder letters against the OPs even though there was no fault of them.

The crux of the matter is that, OPs themselves admitted in their version and affidavit evidence on 15/02/2022 they disconnected the electric meter of the complainant shops without giving any notice to the complainant and OPs sent a reply letter on 25/10/2023 for the enquiry letter given by the complainant on 15/02/2023.  There was 8 months 10days delay to answer their customer problems.  The OPs authority being a service provider to the complainant, when there was a problem to their customers, then the service provider must be solving the problem as early as possible.  But the OPs neglected its customer and hence OPs committed deficiency in service.

 

19. Electricity is a basic human necessity and is an integral part of the Right to Life as provided under article 21 of constitution. The OPs authority being a responsible service provider in the society should know the essential need of its customer and should work to give a proper and fast service to its customers but OPs authority neglected their customer and it made customers wander from pillar to post, it shows OPs authority committed deficiency in service.  Further the complainant in her affidavit evidence stated that, she is ready to fulfill the norms and conditions of the BESCOM to completion of wiring meter, installation and main service from her contractor.

       

        In OM Prakash V/s Bakar Sigh and others (LR 1153-2022)

 

          Punjab High Court held that, electricity is a basic amenity and is an integral part under article 21.

 

20. In the light of the above discussion we reached to conclusion that, complainant proved deficiency in service on the part of the OPs authority. Hence OPs authority give the electricity connection to the complainant shops as it was previously existing meter No. B.C 235, B.C 236 subject to completion of wiring, meter installation and main service by her contractor.  The OPs negligent act made the complainant to “Wander from Pillar to Post” hence complainant is entitled for the cost of the proceedings to an extent of Rs.2,000/-.  Accordingly we answered the Point No. (1) & (2) are in the affirmative.

 

21. Point No. (3):- On the basis of discussion and reasons assigned while answering Point No.(1)&(2) and thereon we proceed to pass the following order:
6698606.  

1. The complaint is hereby allowed with cost.
2. That the OP.No. (1) to (4) BESCOM Authorities represented by the Executive Engineer and concerned 3 others are hereby directed to provide Electricity Connection to the complainant shops as it was previously existing meter No. B.C 235, B.C 236 subject to completion of wiring, meter installation and main service by her contractor.
3. OP.No. (1) to (4) authority is directed to pay Rs.2,000/-towards cost of litigation.
4. Further OP.No. (1) to (4) is hereby comply the order within 15 days and submit the compliance report within 45 days.
5. Send a copy of this order to all the parties to the proceedings at free of cost.

 

 (Dictated to the Stenographer, transcribed by him, corrected and then pronounced by us on this 05^th DAY OF APRIL 2024)

 

 

              MEMBER                               PRESIDENT