M.THANIKACHALAM, J. - (1.) The opposite party, unable to satisfy the District Forum, though they were sound in their defense, failed, suffered an award, resulting this appeal.
(2.) The complainant/ respondent, being the owner of Survey No.1753, situated at Nayaganai Priyal Village, had applied for service connection, in the borewell therein on 14.3.2005. Thereafter, he applied under the self finance scheme, willing to pay Rs.50000/- on 24.3.2005, by paying a sum of Rs.500/- as processing fees, which was registered in No.1556/24.3.2005. On 6.12.2007, a communication was received from the opposite party, requesting the complainant to pay a sum of Rs.2,12,845/- within 30 days, in order to give service connection, thereby they have caused mental agony in view of the fact, originally they had agreed to give service connection, on payment of Rs.50000/-. The demand so made, since against the consumer, should be construed as negligent at, as well as deficiency in service. Because of the non-giving of service connection, the complainant was put to monetary loss, for which he is entitled to compensation also. Thus, alleging praying to set aside the proceedings, which requested the complainant to pay a sum of Rs.2,12,845/-, as well, certain direction to give service connection, on payment of RS.50000/-, in addition claiming compensation, a consumer complaint was filed.
(3.) The opposite parties admitting the application of the complainant for service connection, on self financing scheme viz. payment ofRs.50000/-, as well a payment of Rs.500/-, resisted the case, interalia contending, they never agreed to give service connection, on deposit of Rs.50000/- alone, whereas, the agreement was to give service connection, on payment of the estimated cost, or Rs.50000/-, whichever is higher, that on the basis of the application, estimate prepared, as admitted in the complaint, demand issued, amount not paid, and therefore connection was not given, which cannot be faulted. Therefore, the complaint is liable to be dismissed.;