State Consumer Disputes Redressal Commission
Maharashtra State Electricity ... vs Gyaneshwar Pundlik Lohkare on 13 February, 2017
Cause Title/Judgement-Entry STATE CONSUMER DISPUTES REDRESSAL COMMISSION MAHARASHTRA NAGPUR CIRCUIT BENCH NAGPUR First Appeal No. A/11/3 (Arisen out of Order Dated 16/11/2010 in Case No. CC/10/132 of District State Commission) 1. MAHARASHTRA STATE ELECTRICITY DISTRIBUTION CO LTD THROUGH THE JUNIOR ENGINEER SHRI KISHORE RAMDAYAL SONERIA PARSEONI P.O.PRSEONI TAH PARSEONI DIST NAGPUR 2. THE EXEUTIVE ENGINEER MSEED CO.LTD DIVI II GANESH BHAWAN CIVIL LINES NAGPUR ...........Appellant(s) Versus 1. GYANESHWAR PUNDLIK LOHKARE TAH PARSEONI DIST NAGPUR NAGPUR ...........Respondent(s) BEFORE: HON'BLE MR. JUSTICE A.P.BHANGALE PRESIDENT HON'BLE MR. B.A.SHAIKH JUDICIAL MEMBER For the Appellant: For the Respondent: Dated : 13 Feb 2017 Final Order / Judgement (Delivered on 13/02/2017) PER MR. JUSTICE A.P.BHANGALE, HON'BLE PRESIDENT. 1.
We heard learned advocate Mr. Y.R. Dandige who was present for the appellant. He had already submitted that his written notes of argument may be treated as his oral argument. By this appeal, appellant questions validity and legality of the impugned award passed by the learned Additional District Consumer Forum, Nagpur whereby complaint made by Mr. Gyaneshwar Pundlikrao Lohkare bearing complaint No 132/2010 was partly allowed. Whereby opposite party- Maharashtra State Electricity Distribution Company was ordered to reconnect the electric supply for the complainant Mr. Gyaneshwar Pundlikrao Lohkare through consumer meter No. 42206002373.
2. The case of the complainant Mr. Gyaneshwar Pundlikrao Lohkare was that his mother was residing with him earlier and electric meter mentioned in the name of complainant and complainant was paying regular bills of electricity. Regarding liability to pay electricity bill there was dispute between complainant and his real brother Mr. Mohan. His real brother Mr. Mohan has also applied electricity supply in the name of his mother who latter resided with him due to domestic dispute between two brothers mother had started residing with Mr. Mohan Lohkare. By application Mr. Mohan Lohkare electricity supply was also allowed and he was given separate electric meter due to dispute between two brothers. It is grievance of the appellant that despite award passed in favour of the appellant Mr. Gyaneshwar Pundlikrao Lohkare they still not in position get to resumption of electricity supply as was provided to the complainant. The appeal is preferred on account dispute between two brothers and final order therefore cannot be complied for which complainant and his brother are responsible. It is submitted that the appellant has tried to provide electricity supply through the consumer meter No 42206002373 in the name of complainant Mr. Gyaneshwar Pundlikrao Lohkare. However, because of domestic dispute between Mr. Gyaneshwar Pundlikrao Lohkare and Mr. Mohan Lohkare even Police complaint was made by one of them. Thus liability though agreed upon on the part of the appellant but due to domestic quarrel between complainant and his brother comply was also not possible. In the facts and circumstances we maintain the impugned order with remark that with Police assistance the appeal shall be allowed for to resume supply of electricity through consumer meter No. 42206002373 with police help and assistance of the nearest Police Station. We order that sum of Rs. 10,000/- awarded as compensation shall be utilised by the appellant to seek police assistance to resume electricity supply including the litigation cost awarded be utilised to resume the electricity supply upon undertaking in writing by the complainant Mr. Gyaneshwar Pundlikrao Lohkare that he shall upon resumption of electric supply continue to pay bills of electricity regularly and punctually. Appeal partly allowed and disposed of accordingly. [HON'BLE MR. JUSTICE A.P.BHANGALE] PRESIDENT [HON'BLE MR. B.A.SHAIKH] JUDICIAL MEMBER