- (1.) M. THANIKACHALAM J. The opposite party before the lower forum is the appellant.
(2.) The complainant/respondent who is owing a building in S.F.No.527/4, Podanur-Chettipalayam Road, Sri Ram Nagar, had submitted an application on 06.05.1999, to the opposite party, for the shifting of three electric posts, which stood adjacent to his building. Pursuant to the same, an estimate was prepared and the said amount of Rs.63,545/- was deposited by the complainant on 03.06.2000. The opposite party having received the amount, failed for the past 2 years without any valid reason, to shift the posts, which should be construed as deficiency in service. Therefore, a complaint came to be filed before the District Forum, for the return of the above said amount of Rs.63,545/- as well for a sum of Rs.1 lakh by way of compensation.
(3.) The opposite party/appellant opposed the complaint on the grounds with among other grounds, denying the averments against them, specifically, that as agreed, a pole situated very near to the property of the complainant on the western side, was shifted and when the opposite party was taking further steps to shift other two poles, an advocate notice was received on 10.05.2000, raising objection, that there was dispute between one Venkatachalam, who is the trustee of the temple and the complainant, for which, a Suit also came to be filed that though there was no injunction order, because of the objections, the opposite party was unable to shift the poles, that on 25.09.2003, the objector Venkatachalam gave a consent to shift the two poles and accordingly two poles were also shifted and in view of the facts narrated above, there is no deficiency or wanton delay in shifting the poles and therefore question of compensation or return of the money does not arise, thereby praying for the dismissal of the complaint.;