ASSISTANT ENGINEER, ELECTRIC SECTION vs M.ASHRAF

THIS appeal is directed against the order passed by the District Forum Kasaragod in O.P. No. 171/95. The opposite party is the appellant.

THE complainant is a doctor. On 26.12.91 he applied to shift an overhead electrical line passing across the land to provide service connection to consumer No. 2130 Chengala unit. It obstructed the construction of his house and hence he requested the Asstt. Engineer for shifting. On 11.3.92 he again went and submitted new application as per the request of opposite party and the same was registered on payment of Rs. 2/- dated 16.3.92. As there was no response a registered letter was sent on 17.5.93 which was not accepted and again reminder was sent and the complainant also met the Assistant Engineer on 29.11.94. He was asked to make a fresh application and the opposite party promised to do the needful. THE site was inspected by Sub-Engineer on 1.12.94 and an estimate of Rs. 185/-was made and the amount was remitted. However the line was not shifted till the complaint was filed. The opposite party did not file any version.

The complainant produced Exbts. A1 to A 10 which would show that the averments made by the complainant are true. Later the opposite party reported to the Court that the line was shifted. However the District Forum held that there is deficiency and directed the opposite party to pay Rs. 5,000/- as compensation.

IN this appeal, learned Counsel appearing for the appellant submitted that this is not a matter which falls within the purview of the Consumer Protection Act. We find that no version was filed before the District Forum and no such contention was raised before the District Forum and in the circumstances we will not be justified in entertaining such a plea. We find considerable delay in shifting the line. As a matter of fact it was done only after filing the complaint. However, we feel that in the circumstances of the case the compensation awarded is on the high side. We reduce the compensation to Rs. 1,000/- and also award cost of Rs. 500/- to the complainant. It is submitted by the complainant who appeared in person that the post was not removed even now though line was shifted. We have no doubt that the opposite party will take appropriate steps to remove the post if not already been removed. The appeal is disposed of as above. Appeal disposed of.