BEFORE THE DISTRICT CONSUMER’S FORUM: KURNOOL
Present: Sri. T.Sundara Ramaiah, B.Com B.L., President
And
Sri. M.Krishna Reddy, M.Sc., M.Phil., Male Member
And
Smt. S.Nazeerunnisa, B.A., B.L., Lady Member
Wednesday the 29th day of August, 2012
C.C.No.202/2008
Between:
Smt.S.Khatizabee, W/o S.Shareef, Muslim,
Plot No.151, Geetha Nagar, Kurnool District. …Complainant
-Vs-
1. The Superintending Engineer, APCPDCP Limited,
D.No.51-14, Opposite New Bus Stand, KURNOOL-518 004.
2. The Assistant Engineer, APTRANCO, Near Kesava Reddy School,
D.No.45-24/K60, Venkataramana Colony, Kurnool-518 004.
3. The Assistant Engineer, Customer Care Centre, APCPDCP Limited, Near Mourya inn Complex,
D.No.40/304, Bhagya Nagar, Kurnool-518 002. ...Opposite ParTies
This complaint is coming on this day for orders in the presence of Sri.M.Sivaji Rao, Advocate for complainant and Sri.D.Sreenivasulu, Advocate for opposite parties 1 to 3 and upon perusing the material papers on record, the Forum made the following.
ORDER
(As per Sri. T.Sundara Ramaiah, President) C.C. No.202/2008
1. This complaint is filed under section 11 and 12 of C.P. Act, 1986 praying:-
- To direct the opposite parties to give electricity connection immediately to the complainant’s house;
- To pay a sum of Rs.25,000/- for causing mental agony and hardship by delaying the electricity connection;
- To pay cost of this connection;
And
- To pass any other such order as the Honourable Forum feels deems to be fit and proper in the circumstances of the case.
2. The case of the complainant in brief is as under:- The complainant constructed a house in plot No.151, Geetha Nagar, Kurnool. The complainant submitted an application and required fee of Rs.1,225/- to have new electricity connection to her house. Thereafter a licenced Electrical Contractor inspected the house and submitted the test report to opposite parties. Opposite party No.3 has given a Meter No.3360277. There after the opposite parties have not given connection to the complainant’s house. Inspite of repeated request the opposite parties did not give service connection and made her to go around the office. The complainant got issued legal notice to opposite parties. The opposite parties gave a reply dated 14-10-2008 stating that the length of service wire is more than 30 meters and the complainant has to pay the additional charges for erection of additional poles. There is deficiency of service on the part of the opposite parties. Hence the complaint.
3. Opposite party No.2 filed written version and the same is adopted by opposite parties 1 and 3. It is stated in the written version of opposite party No.2 that the complaint is not maintainable. The complainant submitted her application to opposite party No.3 for service connection to her house. Opposite party No.3 gave a registration No.32911147 dated 17-04-2009. Opposite parties are ready to give power supply if the complainant full fill necessary requirement. The complainant house is situated for away from the Transformer and to give Electric Connection New Electric poles are to be erected. The Consumer as to bear the installation charges for erection of new poles. The complainant failed to pay installation charges for erection of the new poles. The opposite parties gave a reply notice for the notice got issued by the complainant. It is the complainant who failed to pay erection charges to erect new poles. There is no deficiency of service on the part of opposite parties. The complaint is liable to be dismissed.
4. On behalf of the complainant Ex.A1 to A9 are marked and sworn affidavit of the complainant is filed. No sworn affidavit of opposite parties is filed. No document is marked.
5. Complainant filed written arguments.
6. Now the points that arise for consideration are:
- Whether there is deficiency of service on the part of Opposite Parties?
- Whether the complainant is entitled for the reliefs as prayed for?
- To what relief?
7. POINTS i and ii:- Admittedly the complainant constructed a house in plot No.151, Geetha Nagar, Kurnool and applied for service connection by paying application fee of Rs.1,225/-. It is also admitted that the licenced electricity contractor inspected the house of the complainant and submitted the test report to the opposite parties. Admittedly the opposite parties did not give any service connection to the complainant’s house before the complainant filed the present complaint. According to the opposite parties the house of the complainant is not within 30 meters for the electric pole and that she failed to pay erection charges to erect new poles from the main pole. Admittedly prior to the filing of this complaint, the complainant gave Ex.A7 legal notice to the opposite parties demanding them to give service connection. Opposite party No.1 got issued reply notice Ex.A9 stating that the house of the complainant is at distance of 180 meters from main pole and requires erection of about four poles. The complainant without paying the erection charges to enable the opposite parties to give the service connection filed the present complaint. The complainant did not place satisfactory evidence to show that her house is within 30 meters form the main pole. Admittedly the complainant did not give any consent letter to the opposite parties under taking to bear the erection charges. The opposite parties were not in a position to give service connection to the complainant as the complainant failed to pay erection charges to the opposite parties.
8. During the course of arguments it is submitted by the learned counsel appearing for the complainant that subsequent to remand of the matter by the State Consumer Forum, the opposite parties gave service connection to the house of the complainant. As the purpose for which the present complaint is filed is full filled we think it is not necessary to give direction once again to the opposite parties to give service connection to the house of the complainant. Merely because the opposite parties did not let in any evidence the complaint cannot be allowed. No deficiency of service is found on the part of the opposite parties.
9. In the result, the complaint is dismissed without costs.
Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 29th day of August, 2012.
Sd/- Sd/- Sd/-
MALE MEMBER PRESIDENT LADY MEMBER
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant : Nill For the opposite parties : Nill
List of exhibits marked for the complainant:-
Ex.A1 Counter foil for Rs.1,225/-dated 16-04-2008.
Ex.A2. Requirements to be accomplished.
Ex.A3 Andhra Jyothi Paper Clippings dated 01-07-2008
in page No.7.
Ex.A4 Commencement report dated 05-04-2008.
Ex.A5 Completion / test report dated 05-04-2008.
Ex.A6 Photo copy of Demand Draft dated 16-04-2008.
Ex.A7 Office copy of Legal Notice dated 15-09-2008 along with
two Postal Receipts and Acknowledgement.
Ex.A8 Returned registered cover addressed to
opposite party No.2.
Ex.A9 Reply of opposite parties dated 14-10-2008.
List of exhibits marked for the opposite parties:- NILL
Sd/- Sd/- Sd/-
MALE MEMBER PRESIDENT LADY MEMBER
// Certified free copy communicated under Rule 4 (10) of the
A.P.S.C.D.R.C. Rules, 1987//
Copy to:-
Complainant and Opposite parties :
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