Brief facts of the case:-
Complainant filed this case U/S.12 ofC.P.Act, 1986 on 17.12.2019 with a prayer to direct the Opp.Parties (herein after called as O.Ps) to revise and rectify the erroneous electricity bill from July to December-2019 and compensate an amount of Rs.20,000/- towards sufferings and Rs.5,000/- towards litigation expenses and to restrain the O.Ps from disconnecting electricity connection in respect of Consumer No.312101130526 besides such other relief or reliefs. This Commission after admitting the case and heard the urgent petition and passed an exparte Interim Order dtd.18.12.2019restraining the O.Ps from disconnection of power supply to the premises and direct the parties to maintain status-quo till further orders. On due process, notices were issued to the O.Ps and they were filed their version denying the allegations stating that the complainant by using fraudulent method applied for the connection and get it done by violating O.E.R.C. Regulations. The complainant not filed the original document of the transaction made between the original owners of the premises D.Lalitha Kumari nor filed any no objection certificate/affidavit to supply the electricity connection to the premises . The O.P also stated the alleged bills are correct and as per actual consumption and hence complaint is liable to be dismissed with exemplary cost. Thereafter, the case was fixed on various dates and also adjourned from time to time, mainly due to pandemic of Covid-19 and sometimes due to lack of quorum.
Findings:-
We have perused the record.
In scrutinizing the documents we, find that there is some misrepresentation before this Commission by the complainant. The documents filed by the complainant as well as Opp.Parties itself shows that the actual owner has raised objection with regards to power supply to the premises concerned. The complainant also not submitted the no objection certificate/affidavit of the actual owner of the premises as required under OERC Regulations………
During hearing it also came to light that Civil Proceeding is pending for the said premises. We observed that the legality and validity of the possession/ownership of the premises in question will be decided in the Civil Court. But this complainant may tactfully filed this case to grab away the property to prove his adverse possession in the premises before the Civil Court. However, to come to the conclusion and to regularize the case in hand this Commission issued notice to the complainant as well as the O.Ps fixing the date 4.8.22 for their appearance. The notice were duly served to the O.Ps and the SR back from the complainant without service with an endorsement “Addressee is not found” endorsed by the process server. Thereafter, the case was fixed on various dates with no representation from either side. Further notices served to both the parties directed to appeared before this Commission on 1.11.22 for pre-conciliation in the sprit of National Lok Adalat dtd.2.11.22 . On this date of posting complainant found absent but in the absence of the advocate for the O.Ps two designated Officer E.E & S.D.O., (O.P.1 & 2) personally appeared and filed a petition stating the dispute between the complainant T.Sreeramlulu and Smt.D.Lalita Kumari is a matter of Civil dispute as D.Lalita Kumari has complained before the O.P on 14.10.2019 that she has no knowledge regarding supply of electricity in the premises in favor of T.Sree Ramulu. Further the O.P stated in the petition that the complainant has applied for new connection as the owner of Plot No.899 & 900Vide Khata No.131/277 by furnishing a copy of sale deed but upon notice he has failed to produce the said sale deed not produced any no-objection certificate from the actual land owner as per OERC Regulation2019.
The O.Ps also stated and submitted that the alleged bills are correct and as per actual consumption and no need of any correction. On perusal of the complaint we have not found allegations about erroneous consumption bills anywhere from Para 1 to 11 except the “a” of prayer portion but on perusal of the documents, we find the complainant have not furnished the alleged bills.
ORDER
Considering the aforesaid submission and observation we are not concerned with the ownership ,occupied of the complainant to the premises as it create many doubts .we have also not concerned with the erroneous bills as the complainant has not mentioned in the averments of the complaint nor furnished any bills for the verification of this Commission. It also revealed that despite several date of posting the complainant never appeared before the commission except two ,nor produced any supportive documents nor adduced evidence in support of this case. We observed that complainant just kick back to this commission after obtained a interim order restaraing the O.Ps for disconnection of power supply by the O.Ps. In view of the above facts and circumstances the commission held that this type of attitudes aren’t good. We have say that when the pleading of the complainant in support of this claim have been denied by the O.Ps,the complainant is duty bound to substantial his claim by producing relevant documents there for but he has failed to do so. On the basis of mere pleadings of the complainant without any supporting evidence ,no positive fiding can be recorded in regard to his claim. Hence we are constrained to hold that the petitions/complaint made by the complainant is devoid of any merit.
The complainant failed to perform his obligatory duty to remain present and produce documents and adduce evidence.
In the result this commission dismiss the complaint for default U/S 38(3) of the C.P Act 2019. Parties to bear their own cost . Miscellaneous / Interim orders if any delivered by this commission relating to this case stands vacated.
A copy of this order be provided to all the parties at free of cost as mandated by the C.P Act 2019 ,or they may be downloaded same from confonet.nic.in to treat the same as if copy of order received from this commission .
File be consigned to the record room along with a copy of this Judgement.
