EXECUTIVE ENGINEER, ELECTRICAL SOUTH CO., NABARANGPUR ELECTRICAL DIVISION vs P. MOTYALU

BEING aggrieved by the order of the District Forum directing to give electricity connection to the house of the respondent and pay her Rs. 3,000 as compensation with interest at the rate of 12 percent per annum after expiry of 30 days of the order, the SOUTH Co. authorities have filed this appeal.

THE respondent filed the complaint alleging deficiency in service on the part of the appellants for not giving new domestic electrical service connection to her house. Her case was that after she purchased a thatched house for Rs. 52,000 from one M. Suriyamma and M. Gouri Sankar Achary on 19.2.2005, she applied for new domestic electrical connection in May 2005 by complying necessary formalities. Although she approached several times to consider her case, the appellants turned a deaf ear. The case of the appellants was that the original owner of the house had outstanding electrical dues amounting to Rs. 36,186 and for their non-payment, power supply was disconnected and the respondent is not the rightful owner of the house in question.

The impugned order of the District Forum cannot be sustained in view of the order of this Commission passed on 8.11.2006 in Revision Petition No. 6 of 2006, Executive Engineer Electrical and Others v. P. Motyalu. The said revision arose out of an interim order passed by the District Forum in the very complaint. This Commission allowed the revision with a direction to the District Forum to dispose of the complaint keeping in view the observations made therein. It is appropriate to quote the relevant portion of the impugned order. "Moreover, unless a complainant shows lawful occupancy of the premises, furnishing documentary evidence, he is not entitled to electric connection. The District Forum has lost sight of the unregistered sale deed in respect to said premises worth Rs. 52,000 in this respect, basing on which complainant claims ownership over the premises in question. Besides this, in view of law of electricity, no subsequent owner or occupier of a premises is entitled to take fresh electricity connection until the arrear outstanding electric dues are cleared up. The District Forum, seems, not to have taken these into consideration while passing aforesaid orders in the Misc. Case for which the complaint petition is becoming infructuous."

The respondent claims to have purchased the disputed house on payment of Rs. 52,000. Admittedly, there is no registered sale deed. In view of the amount, the sale transaction should have been evidenced by a registered sale deed. Without a registered sale deed, the respondent could not have acquired title to the property by virtue of sale. She applied for new electricity connection to the house perhaps to avoid payment of the outstanding dues lying against the so called original owner.

IT is relevant to note here that the order of this Commission was passed on 8.11.2006 and before that order the complaint was disposed of on 28.7.2006. In view of what has been stated in the order of this commission dated 8.11.2006 in the Revision Petition No. 6 of 2006, the complaint is liable to be dismissed. In the result, we set aside the impugned order and dismiss the complaint. This appeal is allowed. No costs. Records received from the District Forum may be sent back forthwith. Appeal allowed.