CC Filed on 01.09.2008<br /> Disposed on 25.09.2009<br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR.<br /> <br /> Dated: 25th day of September 2009<br /> <br /> PRESENT:<br /> Sri. G.V.HEGDE, President.<br /> <br /> Sri. T.NAGARAJA, Member.<br /> Smt. K.G.SHANTALA, Member.<br /> ---<br /> <br /> Consumer Complaint No. 68/2008<br /> <br /> Between:<br /> <br /> <br /> Sri. M. Munikrishnappa,<br /> No. 3213, P.C. Extension,<br /> 4th Main Road, 6th Cross,<br /> Kolar – 563 101.<br /> <br /> <br /> (By Advocate Sri. Bisappa Gowda & Others ) <br /> <br /> <br /> V/S<br /> <br /> <br /> 1. The Managing Director,<br /> Bangalore Electricity Supply Co. Ltd.,<br /> Cauvery Bhavan,<br /> Kempegowda Road,<br /> Bangalore – 560 009.<br /> <br /> <br /> 2. The Superintendent Engineer (Electrical)<br /> Bangalore Electricity Supply Co. Ltd.,<br /> Kolar Circle,<br /> Kolar – 563 101.<br /> <br /> <br /> <br /> 3. The Executive Engineer, (Electrical)<br /> Bangalore Electricity Supply Co. Ltd., <br /> <br /> <br /> ….Complainant<br /> <br /> Kolar Division,<br /> Kolar – 563 101.<br /> <br /> <br /> (By Advocate Sri. K.N. Nagaraja & Others ) <br /> <br /> <br /> ….Opposite Parties<br /> <br /> ORDERS<br /> <br /> This is a complaint filed under section 12 of the Consumer Protection Act, 1986 praying for a direction against the opposite parties to provide electric connection to the complainant’s irrigation pump set situated at Sy. No. 58/2 of Chadumanahalli Village, Huthur Hobli, Kolar Taluk and to pay compensation of Rs.8,00,000/- towards the damages and mental agony with costs and interest, etc.,<br /> <br /> 2. The material facts of complainant’s case may be stated as follows:<br /> That the complainant is a farmer, having agricultural lands in Chadumanahalli Village of Huthur Hobli, Kolar Taluk. He dug a borewell in his Sy. No. 58/2 situated at Chadumanahalli Village in the year 2002 and he applied for electric connection to his irrigation pumpset to lift the water from bore well for agricultural purpose. As per the direction given by OP.3 the complainant credited Rs.16,330/- on 09.04.2002. Thereafter the estimation has been prepared vide JS 19 dated 05.08.2003 and work order was given and also RR No. was given as KBIC 3227. But so far electric supply was not given to complainant’s pumpset. The complainant approached OP.3 several times, but no step was taken. The complainant gave several representations to OP No.1 to 3 and others but all went in vain. The complainant has fulfilled all legal obligations for supply of electricity. But the OPs have not supplied electricity to the bore well of complainant evenafter lapse of 5 years without any reason. <br /> <br /> The complainant would have cultivated 5 acres of land by producing three crops per year and would have earned Rs.1,25,000/- per year and would have earned Rs.6,25,000/- for five years. The amount of Rs.16,330/- deposited in BESCOM on 08.04.2002 would have become Rs.79,119/- if compound interest at 3% per month was charged. The complainant also suffered untold mental agony. Therefore the complainant claimed compensation of Rs.8,00,000/-.<br /> <br /> 3. The OPs appeared through Counsel. The Asst. Executive Engineer (Ele.) BESCOM, RSD, Kolar signed, the common version filed on behalf of all the OPs. The OPs contended that the complainant was using electricity unauthorizedly without taking the permission from the concerned authorities in BESCOM. Hence he applied for regularization of unauthorized use of power, as such he had paid Rs.16,330/- towards regularization. It is contended that on the basis of that it was made authorized by issuing R.R. No. KBIP 3229 after regularizing the same. An estimate was prepared and as per that estimation four poles were required to give power connection. In order to provide four poles an excess of Rs.7,500/- was required to be paid by complainant, but he did not pay the same. Further it is contended hence the power supply was regularized without putting the poles and BESCOM is raising demand bills and the complainant is due in a sum of Rs.41,355/- which has not been paid by the complainant. Further that the complainant is using power regularly to lift the water from borewell and there is no question of not providing the power will arise. Further it is contended that the claim for compensation is imaginary and the complaint is filed to harass the OPs. <br /> <br /> 4. The complainant filed the affidavit in support of his case and filed the documents. The OPs did not file any affidavit within the time granted and they did not file any document. <br /> <br /> 5. According to complainant he had deposited the required amount of Rs.16,330/- for putting poles and to draw lines till his bore well from the nearest existing electric pole. The version filed by the OPs showed that they had not completed the work. Therefore the concerned Officer was asked to be present before us. Then Assistant Executive Engineer, Kolar Rural Sub-Division, BESCOM was present before this Forum on 04.03.2009 and he stated that he took charge of his office about three months back and he would see that the work would be completed shortly. Subsequently on 11.05.2009 the Learned Counsel for OPs submitted that BESCOM has completed its part of work. That fact is admitted by complainant. <br /> <br /> 6. We heard the Learned Counsel for the parties and perused the records. <br /> <br /> 7. The following points arise for our consideration:<br /> <br /> Point No.1: Whether there is deficiency in service by OPs?<br /> Point No. 2: If so, to which reliefs the complainant is entitled to?<br /> Point No.3: To what order<br /> <br /> 8. After considering the submission of parties and the records our findings on the above points are as follows:<br /> <br /> Point No. 1: The complainant does not say in his complaint that he was unauthorizedly using electricity to his bore well. He simply stated that he dug the bore well in his land Sy. No. 58/2 in the year 2002 and thereafter applied for electricity connection to his pumpset to lift the water from bore well, which shows that he was not using the borewell. But the documents produced by him disclose that the complainant had dug the bore well in the year 1999 – 2000 and was using electricity unauthorizedly and he applied for regularization of unauthorized use of electricity under a scheme brought by Government for that purpose in the year 2002 and thereafter paid Rs.16,330/- on 09.04.2002 and that he was having land measuring 02 acres 03 guntas in Sy. No. 58/2 in which he dug the bore well. He filed application for regularization of unauthorized use of electricity on 06.04.2002. He stated in his application that he had to draw electricity from a distance of about 160 mts. and he was using the loose wires for drawing electricity from the nearest existing electric pole. The estimation was prepared on 05.08.2003 for putting four poles till the land of complainant from the existing pole covering a distance of 190 mts. The grievance of the complainant is that subsequent to this estimation dated 05.08.2003 no action was taken to put the poles and to draw the electric line from the existing nearest electric pole. He made representation on 16.04.2004 to OP.3, thereafter he made another representation dated 16.08.2004 to OP.1. A legal notice dated 19.03.2005 was got issued to OPs. In response to the legal notice there was a direction dated 24.03.2005 by OP.1 to the Executive Engineer (Ele.) C.O & M, Kolar Division, (OP.3) to take immediate action on the grievances of complainant. Inspite of it the work was not carried out. Again another representation dated 03.10.2005 was given to OP.1 by complainant. He also gave another representation dated 09.12.2006 to OP.1. Finally another legal notice dated 20.06.2007 was issued to OPs. It appears no reply was received by complainant from the concerned Officer for not executing the work. <br /> <br /> In the version the OPs admitted the payment of Rs.16,330/- on 09.04.2003 and the receipt of application for regularization of unauthorized use of electricity. The preparation of estimation dated 05.08.2003 is also admitted by OPs. They contended that the complainant had paid Rs.16,330/- towards regularization of unauthorized use of power and there was a separate demand for Rs.7,500/- to be deposited by complainant for providing four poles to draw the line and the complainant failed to deposit that amount. This part of the contention of OPs is not supported by any document. If really Rs.7,500/- was demanded in addition to the amount of Rs.16,330/- already deposited, a notice should have been issued to complainant. The complainant would have been notified at one or other stage that the work was not done as he had not deposited Rs.7,500/- when OPs received so many representations by complainant. The OPs contended that as Rs.7,500/- was not deposited by complainant without putting the poles, the regularization was effected by giving RR No. KBIP 3229 for the use of electricity. Both parties have not produced the guidelines issued by concerned Authority for regularization of unauthorized use of power. It is admitted by both sides that as per Government direction electricity is being supplied free of cost up to 10 H.P. motor to agriculturists for irrigation purpose from some years. As already noted during the pendency of this proceedings on 11.05.2009 it is reported that the BESCOM completed its part of the work for giving electricity connection. If the complainant was required to deposit Rs.7,500/-, it appears the work would not have been completed during the pendency of this case and the OPs would have insisted for deposit of that amount before commencing the work. Therefore the contention that there was demand for depositing Rs.7,500/- additional amount appears to be not true. From the above facts and circumstances we hold that there is inordinate delay in executing the work by OPs. Hence we hold point No.1 in affirmative.<br /> <br /> Point No.2: As already noted the complainant has not disclosed in his complaint that he was unauthorizedly using the electricity from 4-5 years prior to he applying for regularization of unauthorized use of electricity. In his representation dated 16.08.2004, complainant stated that 4-5 years earlier to his representation he dug a bore well, but he did not say specifically from which date he started unauthorized use of electricity. He only stated that in 2002 after coming into force of regularization scheme he applied for regularization. It is not the case of complainant that soon after digging borewell he had applied for providing electricity to his bore well. Therefore we can safely assume that he was unauthorizedly using the electricity soon after the digging the bore well. The complainant does not specifically say in his representations that from certain date he had stopped using electricity unauthorizedly. The OPs have contended that the complainant is still using electricity and after providing RR No. KBIP 3229 to the IP set of complainant, demand bills were raised and complainant was due in a sum of Rs.41,355/-. The OPs have not produced any evidence to support this contention. It is admitted that for the present for some years electricity is supplied to farmers free of cost for irrigation purpose to run up to 10 H.P. motor. If demand was raised for any reason against complainant for using electricity, the OPs should have produced the proper evidence to prove that he was liable to pay certain charge for using electricity to his I.P. set. That was not done by OPs. Therefore it appears the alleged demand of Rs.41,355/- is not established by OPs. The complainant stated that he would have cultivated 05 acres of land by raising three crops per year. The document produced by complainant shows that Sy. No. 58/2 in which he dug the bore well measures 02 acres 03 guntas, but not 05 acres. The Learned Counsel for complainant orally submitted that the complainant has got some more extent of land apart from Sy. No. 58/2 by its side. It is not known for how much extent the bore well of complainant could supply water for irrigation and it is also not known whether the complainant had stopped the unauthorized use of electricity from a certain point of time. The OPs have contended that the complainant is still using the electricity to lift the water. In the affidavit of complainant this fact is not denied, though he denied the demand of Rs.7,500/- and demand of Rs.41,355/- stated in the version of OPs. Though the laying of poles was completed in May 2009 the complainant has not submitted the required test report of wiring till now for taking authorized connection from BESCOM. This also shows that he must have continued the unauthorized use of electricity. <br /> <br /> Therefore we think the complainant has failed to establish that he sustained loss by not raising crop on his land using available bore well water. However the delay in executing the work of laying poles and the electric lines is inordinate. The explanation stated by the OPs for not carrying out the work, appears to be not true and is not established. The complainant must have suffered enormous mental agony as there was no response for his request for more than 5-6 years. Therefore we think compensation of Rs.25,000/- may be awarded to complainant for the mental agony suffered by him. <br /> <br /> The Learned Counsel for OPs submitted that laying of electric lines is completed and BESCOM is ready to give supply of electricity to complainant whenever he completes his part of wiring work and produces the required proof for it. For the above reasons point No.2 is held accordingly.<br /> <br /> Point No.3: Hence we pass the following:<br /> <br /> <br /> O R D E R<br /> <br /> The complaint is partly allowed with costs of Rs.1,000/-. The OPs are directed to provide electricity connection to the I.P. set of complainant situated at Sy. No. 58/2 of Chadumanahalli Village, Kolar Taluk, as per the prescribed Rules and Regulations and further they are directed to pay compensation of Rs.25,000/- only (rupees twenty-five thousand) to complainant. <br /> <br /> Dictated to the Stenographer, corrected and pronounced in open Forum this the 25th day of September 2009.<br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> <br /> <br /> <br /> <br />