DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NAYAGARH .
C.C. Case No. 36 of 2009
20th November, 2009 .
BEFORE :
Sri P. K. Pattanaik , President ,
AND
Smt. Binodini Devi , Member .
Name of the Parties .
Sri Gokul chandra Ghadei, aged about 38 years
S/o Sridhar Ghadei, Vill: Deuli,P.O : Malisahi
P.S/ Dist- Nayagarh.
—————– Complainant .
-Vrs-
Jr. Manager(Elect.) (Peripheri)
CESU Elect.section, Nayagarh
AT/ PO / P.S. / Dist. Nayagarh.
—————- Opp . Parties .
Counsel for the complainant : - Sri P.K.Mohapatra (Advocate)
Counsel for the O.Ps : - Sri R.K Sahoo, ( Advocate )
Date of appearance of O.Ps : - 15-09-2009
Date of hearing : - 23-10-2009
Date of Judgment : - 20-11-2009
J U D G M E N T
P. K. Pattanaik , President :-
Deficiency in service on the part of the O.Ps is the grievance of the complainant .
The complainant’s case in brief is as follows .
The complainant is the son of Sridhar Ghadei and his elder father is Late Ladu Ghadei. Sridhar Ghadei and Late Ladu Ghadei have been separated since 22 years and AC 0.03 decimal in plot No.389/1385 has been alloted towards the share of Sridhar Ghadei. The complainant approached the O.P and submitted the required documents on 22.1.2009 in order to get electricity connection to the siad plot . He has also sent pleader’s notice to the O.P and the S.D.O., Electrical for the above said purpose . The O.P made a spot inquiry and agreed to give electricity connection and took the oil map of the complainant’s house with documents. The complainant and his younger brother have been approaching the O.P to give the power supply but the O.P has not taken any action to give connection to his house. The complainant had sent a registered letter to the O.P which he received on 23.5.09. The complainant is separated from his father since last 5 years.
The complainant has approached this Forum with a prayer to direct the O.P to give power supply to his house.
The complainant has filed affidavit and xerox copy of some documents with marked as Annexure - 1 to Annexure-5
The O.P has filed written version in which it has been averred that the complainant is not a consumer. The complainant is the legal son of
Sridhar Ghadei who is alive. As per the version of the O.P Sridhar Ghadai and Late Ladu Ghadei might have been separated since long but there has been no registered partition between them. Their successors are staying in the said plot. When Ladu Ghadei was alive he had taken electricity supply to his house in Plot No.389/1385 and Sridhar Ghadei was also staying in the same plot. The O.P has denied that separation has taken place between Sridhar Ghadei and Ladu Ghadei since 22 years and Ac.0.03dec. in the Plot No.389/1385 was alloted in favour of Sridhar Ghadei . There is an electricity supply line on the same plot till today bearing consumer No. D670NGR, New A/C No. 03057249 and the out standing arrear against the said consumer number is Rs. 30,572/49p. .When the O.P. made a spot inquiry he found that an existing electricity connection is there in the name of Ladu Ghadei in plot No. 389/1385 and the legal heirs of Sri Ladu Ghadei and the complainant are staying in the same house of the said plot . There is only one entrance to the said plot. The O.P. made the said spot inquiry after receipt of the pleader’s notice of the complainant and did not agree to give electricity connection to the complainant on the same Plot. The O.P has denied the statement contained in para 5,6,7, and 8 of the complaint petition. According to the version of the O.P, the complainant has stated that he has been separated from his father Sridhar Ghadei since last 5 years. The O.P has raised the question that if it is true then who is the owner of the house of the plot No.389/1385. The said plot is in joint possession of the co-shares . The complainant’s two brothers are also staying on the same plot. The complainant has no legal right to prove that he is the only person who has excusive title of the said plot No. 389/1385.
As per the version of the O.P there is no merit in the complaint petition filed by the complainant and as such it needs to be dismissed with cost.
The written version is supported by affidavit .
On the pleadings of the parties , we take up the issue of deficiency in service for adjudication .
F I N D I N G S
Section (2) (1) (g) of the C.P ACT defines “Deficiency” as under :-
“Deficiency means any fault,imperfection,shortcoming or inadequacy
in the quality,nature and manner of performance which is required to be
maintained by or under any law for the time being in force or has been
undertaken to be performed by a person in pursuance of contract or
otherwise in relation to any service ”.
Annexure 1 to Annexure-5 are the xerox copies filed by the complainant.
Annexure-1 to Annexure-1/1 is the xerox copy of the R.O.R. which shows that Ac.0.03dec. In plot No. 389/1385 stand jointly in the name of the Ladu Ghadei and Sridhar Ghadei .
Annexure-2 to Annexure-2/3 is the xerox copies of the un registered partition deed between Sridhar Ghadei and Ladu Ghadei .
Annexure -3 to Annexure-4 are the xerox copies of the letters addressed to the O.P by the complainant.
Annexure-5 is the xerox copy of the affidavit which is required to be submited before the concerned authority for obtaining electricity supply .
The complainant is the son of Sridhar Ghadei. Sridhar Ghadei and Ladu Ghadei are the two brothers. Plot No. 389/1385 stands jointly in the name of the said two brothers. Ladu Ghadei is dead . The complainant has filing no document to show that exclusive title stands in the name of Sridhar Ghadei of the said plot No.389/1385. The complainant has also not filed the registered sale deed to show that Sridhar Ghadei and Ladu Ghadei have been separated from each other .
The complainant has stated in his complaint petition that he has been separated from his father Sridhar Ghadei since last 5 years. He has also filed the xerox copy of an affidavit vide Annexure-5 to that effect. The complainant has not filed any document to show that he has title over plot No. 389/1365.
The O.P has averred that power supply was given to Ladu Ghadei of consumer number D 670 NGR and New A/c No.03051249. An amount of Rs. 30,572/49 p is out standing against the said consumer number of plot no.389/1385.
The complainant has not countered the version of the O.P relating to the out standing amount.
The complainant has applied for electricity connection to his house situated in plot No.389/1385. The O.P has denied to give electricity connection to the same plot against which the outstanding amount is there.
In the light of the aforesaid analysis , we find that an amount of Rs. 30,572/49 p is outstanding against the said plot No.389/1385 in which the complainant resides and as such we find no deficiency in service on the part of the O.P in not giving new electricity connection to the house of the complainant which stands in plot No.389/1385.
Hence it is ordered .
O R D E R
The complainant’s case is dismissed on contest against the O.P. No order as to cost.
Sri P. K. Pattanaik
President .
Smt. Binodini Devi
Member
Tags: CESU Elect.section