Date of Filing : 17.03.2011

  Date of Order : 27.03.2012

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR

Dated 27^th MARCH 2012

PRESENT

Sri. H.V. RAMACHANDRA RAO, B.Sc., BL,   …….                PRESIDENT

Sri. T.NAGARAJA, B.Sc., LLB.                        ……..     MEMBER

Smt. K.G.SHANTALA, B.A., LLB.                    ……..     MEMBER

CC No. 79 / 2011

Shankarappa,

S/o. Late Gangappa,

Aged about 40 years,

R/o. Thalapalli Village, Sundrapalyam Post,

Kyasamballa Hobli, Bangarpet Taluk,

Kolar District.

(By Sri. S.B. Chandrappa, Adv.)                             ……. Complainant

V/s.

1. The Managing Director,

    BESCOM, Kaveri Bhavan,

    Bangalore.

2. The Executive Engineer,

    BESCOM, Champion Reef,

    KGF.

3. The Manager,

    Sub Station, BESCOM,

    Sundrapalya,

    Bangarpet Taluk.

    (By Smt. B.S. Vijayakumari, Adv.)                     …… Opposite Parties

ORDER

By Sri. H.V. RAMACHANDRA RAO, PRESIDENT

The brief antecedents that lead to the filing of the Complainant made u/s. 12 of the C.P. Act seeking direction to the OP to pay to the Complainant Rs.8,00,000/- are necessary:

To have the electricity to the Pump Set in his land the father of the Complainant had paid in all Rs.17,340/- to the OP on 25.05.2005.  OP promised supply of electricity.  But, till date it is not done, in spite of repeated requests and demands.  Complainant and his family members could have grown crop and earn profit, that is lost.  Complainant demanded return of money / compensation by issuing notice.  Even then Ops have not complied with it.  Hence the Complaint.

2.       In brief version of the OP are:

The father of the Complainant had paid money as alleged in the Complaint is admitted.  The father of the Complainant never made any application for regularization of Power.  Hence, power was not granted.  Issue of notice is admitted.  Rest of the allegations are denied.

3.       To substantiate their respective case, parties had filed their respective affidavits and written arguments. 

4.       The points that arise for our consideration are:

          (A)     Whether there is deficiency in service ?

          (B)     What order ?

5.       Our findings are:

          (A)     Positive

          (B)     As per detailed order for the following reasons

REASONS

6.       Reading the pleadings in conjunction with the affidavits, documents and written arguments on record, it is an admitted fact that the Complainant’s father & kartha of the family of the Complainant had deposited Rs.17,340/- under various Receipts issued by the OP for grant of power to his Pump Set.  But, till today, Ops have not sanctioned power or regularize the power.  This is nothing deficiency in service. 

7.       The contention of the OP is that Complainant’s father had not made any application for regularizing the power or sanctioning of power. If that were to be so, they could have returned the money to the Complainant or they could have intimated to the Complainant in writing mentioning the reasons for not sanctioning the power or they could have refuse to receive the money. 

8.       Complainant has clearly stated that officials of the OP assured power and hence he paid money, that has been admitted.  Hence, receiving money and not giving the power is nothing but deficiency in service.  If the OP wanted to reject, they could have rejected and return the money, even that has not been done. Hence, under these circumstances, if we direct the OP to pay the amount that has been received by them with interest and costs, that will meet the ends of justice.  Ops are governed by Rules to sanction power.  The father of the Complainant died and the Complainant is his LR to succeed to his estate. Complainant had issued notice, to that OP has not complied with it. 

9.       Hence, we cannot direct the Ops to sanction power or regularize the power.   Hence, we hold the point accordingly and pass the following order:

ORDER

1.       Complaint is allowed in part.

2.       Ops are directed to pay to the Complainant a sum of Rs.17,340/- together with interest thereon @ 12% P.A. from 25.05.2005 until payment within 30 days from the date of this order.

3.       Ops are also directed to pay Rs.2,000/- as costs of this litigation to the Complainant.

4.       Ops are directed to send the amount to the Complainant as ordered at (2) & (3) above by Demand Draft through RPAD and submit to this Forum the compliance report with necessary documents within 45 days.

5.       Send copy of the Order to the parties concerned free of cost.

6.       Return extra sets to the parties concerned under Regulation 20(3) of Consumer Protection Regulations 2005.

(Dictated to the Stenographer, got it transcribed and corrected and pronounced in the open Forum on this the 27^th day of March 2012)

T. NAGARAJA          K.G.SHANTALA           H.V.RAMACHANDRA RAO

    Member                         Member                                       President

SSS