K.Sampath, President (Open Court) - (1.) THE opposite party in C.O.P. No. 121/2000 on the file of the District Consumer Disputes Redressal Forum, Salem, is the appellant herein.
(2.) THE grievance of the complainant was as follows : His late father Chinnayya Gounder applied for higher H.P. sanction. This application was registered. On 21.8.1987 the complainant's father was asked to deposit a sum of Rs. 125. It was done. On the death of the complainant's father name transfer was effected in favour of the complainant. The additional load was not sanctioned till 2000. The Assistant Engineer (O&M) intimated the complainant to apply afresh to get additional load. This provoked the complainant and drove him to the Consumer Forum.
(3.) THE District Forum accepted the case of the complainant and by order dated 11.2.2002 directed the opposite party to implement the additional load of 4.5 H.P. applied for by the complainant as per the terms and conditions prevailing in the year 1991 and also to pay Rs. 500 towards cost of the complaint within 60 days. During the arguments, we expressed a doubt as to whether by applying afresh, the complainant would lose his seniority in the grant of additional load. On behalf of the opposite party, it was submitted that he would not lose his seniority. An affidavit by K. Kodhandaraman, Assistant Executive Engineer, Tamil Nadu Electricity Board, Distribution, Mallur, Salem District, has been filed. In the affidavit it is stated as follows: The opposite party has received applications for agricultural electricity service connections from agriculturists under normal category. These applications are numbered and kept under normal priority list. The said applications will be taken for action when it reached the priority. This is a regular procedure followed by the opposite party. At the time any particular application reached priority, the department would ask the applicant concerned to produce the application afresh along with certificate issued by the Village Administrative Officer and other relevant documents of title and ownership. This is the usual procedure followed by the Tamil Nadu Electricity Board at the time of effecting agricultural service connections. The reason for the fresh application called for by the opposite party is to verify whether any change in circumstances viz., change of Survey Field Number/Bifurcation in the survey number/change of ownership/whether the present applicant is the owner or legal heir, etc. as mentioned in the application. In case any name transfer had already taken place, new applicant has to produce the fresh application for electricity service connection. In effect, the affidavit says that the mere fact that fresh applications have been called for would not affect the applicant's priority to avail the service connections. If the priority of the complainant is maintained, there should not be any problem. Our only anxiety is that the complainant's seniority should be maintained. No body who had applied subsequent to him should jump the gun and get priority. From the affidavit filed on behalf of the opposite party we are satisfied that the complainant merely because he has been asked to submit a fresh application would not lose his priority or seniority and that he would get his connection in due course.;