Karnataka

Kolar

CC/15/2017

Sri.M.Jagadeesh - Complainant(s)

Versus

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

25 Apr 2017

ORDER

Date of Filing: 04/02/2017

Date of Order: 25/04/2017

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

 

Dated: 25^th DAY OF APRIL 2017

PRESENT

SMT. PRATHIBHA.R.K., BAL LLM, PRESIDENT

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

 

CONSUMER COMPLAINT NO :: 15 OF 2017

Sri.M.Jagadeesh,

Advocate & President,

Karaadhamma Temple Trust (Reg.)

Muthakdhahalli,

Kasaba Hobli,

Malur Tluk, Kolar District.                          ….  COMPLAINANT.

(Rep. by Sriyuth. N.Mylari Gowda, Advocate)

 

- V/s -

1) The Executive Engineer (BESCOM),

K.G.F., Kolar District.

(Exparte)

 

2) The Assistant Executive Engineer,

(BESCOM), Malur Division,

Malur Taluk.

(Exparte)                                                          …. OPPOSITE PARTIES.

-: ORDER:-

 

BY SMT. PRATHIBHA.R.K, PRESIDENT

01.   The complainant having submitted this complaint on hand as envisaged Under Section 12 of the Consumer Protection Act, 1986 (hereinafter in short, it is referred as “the Act”) has sought issuance of directions to OPs to give power supply as per the order bearing No.KMS.140/30-7-2013, to bear the cost of damaged electrical goods, to pay penalty for several approaches made by the complainant to Ops office for 03 months and to bear the amount of Rs.22,000/- which was stolen from the Hundi of the temple as a result of disconnection of electricity made by the Ops.

 

02.   The facts in brief:-

(a)    It is the contention of the complainant that, the complainant by obtaining consent from the District Commissioner and from the members held in the meeting before the Gram Panchayat, had constructed Sri Karagadhamma Temple and Sri Ganapathi Temple in the above address given in the cause title.  The complainant had incurred Rs.40,00,000/-.  Complainant has also obtained the below mentioned documents from the Shivarapattana Gram Panchayat towards Sri Karagadhamma Temple:-

(i) Register deed of trust.

(ii) Katha extract issued by Shivarapattanna Gram Panchyat

(iii) Meeting proceedings book

(iv) Consent letter to obtain electricity connection

(v) Consent letter issued by the Shivarapatanna Gram Panchyat

(vi) Payment receipt of land tax

(vii) Estimate and certified copies towards obtaining electricity connection issued from the Ops

(viii) Bond and receipt towards electricity power supply.

 

(b)    After obtaining the above legal documents in the year 2013-14, the Electricity Supply Company, Bangalore, has prepared an estimation bearing No.KNS.140/30-07-2013 for Rs.11,462/- which has to be borne by the Gram Panchyat.  Thereafter Ops had given electricity connection and power supply to Sri Karagadhamma Temple.

 

(c)    Further submission of the complainant is that, the trust people has decided to purchase below mentioned electricity goods amounting to Rs.4,00,000/- and the amount for the said purchases were borne from the donations collected from the donors and trustee people.  

(i) Two UPS and two batteries (Rs.60,000)

(ii) C.C.TV (Rs.25,000)

(iii) Mics, Speakers, Serial Sets, Belt Lights, Wireless Mics, DVR, Stabilizer, Amplifier, etc.,.

 

The complainant submitted that, electricity is very essential for running the above mentioned electricity goods, Ups gives standby electricity for only some hours, without electricity the above mentioned goods may be destroyed permanently.  After several approaches and after obtaining consent from all the concerned authorities the complainant had obtained electricity connection and power supply.  At the time of obtaining electricity connection Ops have orally stated that, there is no necessary for electricity meter and believing the same from past 03 years the complainant had obtained constant power supply service from the Ops.

 

(d)    Further contention of the complainant is that, OP No.2 without issuing any notice or order trespassed to the temple and disconnected the electricity connection and with regard to this complainant approached Ops office on several occasions, but OP No.2 had stated that, the old estimate is improper and the erstwhile officer who was working then issued the estimate.  Hence the OP No.2 prepared a new estimate to obtain a new electricity connection.  Hence complainant again obtained new estimation and bond agreement papers by spending Rs.3,000/- and submitted to office of the Ops, but Ops have taken another version that, some people of Muthagadhahalli had given complaint and they cannot give electricity connection till disposal of the same. 

(e)    Further submission of the complainant is that, in the same village 3 to 4 temples were running from the past 50 years without installation of any electricity meters the officials of the Ops believing the words of some other caste people have chosen to disconnect the power supply to this temple.  On 30.07.2013 the Ops after receiving the whole estimated amount have given electricity connection and power supply to the said temple which is legal in all respects.  But, in spite of that, the Ops have disconnected the electricity supply to the temple and as a result of this the complainant had sustained loss to the tune of Rs.3,00,000/-.  Hence this complaint.

 

03.   In spite of issuance of notices to both OPs through RPAD and though it was served on both OPs, the Ops neither chosen to appear before this Forum nor contested the matter.  Hence OP Nos.1 & 2 were placed exparte.

 

04.   However on 13.03.2017 counsel for complainant has filed affidavit evidence of the complainant and on 21.03.2017 he submitted complainant’s written arguments.  Hence the case is posted for orders.

 

05.   Therefore the points that do arise for our consideration in this case are:-

1. Whether the complainant has proved deficiency in service on the part of the OPs?

 

2.   Whether the complainant is entitled for relief sought for in the complaint?

 

3.  What order?

 

06.   Findings of this District Forum on the above stated points are:-

POINT (A):-          In the Affirmative

POINT (B):-          In the Affirmative

POINT (C):-          As per the final order

for the following:-

 

REASONS

POINT (A):-

07.   In the instant case it is clear that, the Karagadhamma Temple trust purchased electrical appliances like UPS, CC TV, Mics, Speakers, Serial Sets and other installations.  The contention of the complainant is that, there are several other temples in the vicinity of the complainant’s temple who do not have proper license and without having electricity meter and that they were running without electricity connection from past 50 years.  This contention of the complainant cannot be accepted and the complainant cannot be given any benefit of any illegal conduct of other temples.  Just because other temples are running without legal valid permission from the Ops the complainant cannot claim benefit.  However, the complainant has firmly stated on oath in his affidavit that, in the year 2013-2014, the Bangalore electricity supply company has prepared an estimation for Rs.11,462 and given electricity supply to Sri Karagadhamma Temple.  The Ops without giving notice have disconnected the electricity supply.  The complainant further submitted that, the Ops have again prepared new estimation.  The complainant paid Rs.3,000/- and obtained new estimation and bond agreement paper.  But, the Ops are postponing the issue of license on one ground or the other.  Hence there is deficiency in service on the part of Ops.

 

08.   The Ops have not appeared before this Forum to deny the evidence of the complainant as such.  The evidence of the complainant stands undisputed and therefore the evidence of the complainant goes unchallenged.  Based on the above facts and in the interest of justice it is appropriate to direct the Ops to issue fresh order based on the new estimation and bond executed by the complainant.  The OP Nos.1 & 2 are jointly and severally directed to issue electricity supply to Sri Karagadhamma Temple as per the new estimate and by the new bond executed by the complainant in accordance with the rules and regulation pertaining to supply of electricity.

 

POINT (D):

09.   We proceed to pass the following:-

ORDER

01.   The complaint is allowed-in-part against the Ops with costs of Rs.2,000/-.

02.   The OP Nos.1 & 2 are jointly and severally directed to issue electricity supply to Sri Karagadhamma Temple based on the new estimation and bond executed by the complainant.

03.   This order is to be complied by the OP Nos.1 & 2 within 45 days from the date of this order.

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

(Dictated to the Stenographer in the Open Forum, transcribed by him, corrected and then pronounced by us on this 25^th DAY OF APRIL 2017)

 

 

 

 

LADY MEMBER                                            PRESIDENT