31.01.2022 Common Order in Rivision Petition Nos.47, 48 & 69/2017 Mr. K.B.SANGANNANAVAR : JUDICIAL MEMBER

01. These Revision Petitions filed U/s.17(1)(b) of CPA 1986 by OPs in CC.No.28/2017, 27/2017 & 44/2017 respectively aggrieved by the order dtd.22.05.2017 & 17.06.2017passed by District Forum, Chickmagaluru.

02. We have examined the impugned orders and revision papers.

03. Now, we have to examine, whether order passed by District Forum does call for any interference in exercising the revision powers vested with this Commission ?

04. In CC.28/2017, Forum below passed an impugned order U/s.13(3B) of CPA 1986, directing OP.1 & 2 to provide electricity supply to the Complainant as per the sanction letter dtd.28.11.2016 till further order. In CC.27/2017 also directed OP.1 & 2 to provide electricity supply to the Complainant as per the sanction letter 19.12.2016 till further order. In CC.44/2017 directed OP to provide temporary electricity immediately to the Complainant for the purpose of construction till further orders. Thus, these orders are now in these revision petitions before this Commission, on the ground that, Deputy Commissioner of Chikmagalur, issued direction to the MESCOM to disconnect the power connections related to the following 7 cases including the Complainants/Respondents herein. As per the directionspower connection was disconnected, since as per the terms and conditions of the grant order of the power connection, the local authoritieshave taken back their permission, consequently Petitioner disconnected the power connections. In this regard, if we examine, could see that, respective Complainants alleged to have violated the terms and conditions of license and they are proceed with construction of works not in accordance with the approved plan and to that affect, Commissioner of Chikmagalur addressed the letter to OPs marking copy to Deputy Commissioner to disconnect temporary electricity connection provided to Complainants, which in our view important issues, were not at all examined by the District Forum before it could pass the interim orders directing OPs to provide electricity supply by exercising the powers vested U/s.13(3B) of CPA 1986.

05. In our view from the facts placed before the forum below, Complaints raised could not be said are so simple and they have to be easily examined and such complaints cannot be said filed only against Ops, since involved other authorities. The complainants are also amenable to Municipal laws namely Commissioner, Chickmagaluru as well as Deputy Commissioner, were not at all rightly perceived by the forum below.

06. In the above such view, exercising interim order and directing OPs to provide electricity connection either temporarily or permanently as the case may be, has to be held not exercising of sound discretionary powers vested with the District Forum calls for interference U/s.17(1)(b) of CPA 1986.

07. Accordingly Commission allowed the Revision Petitions filed by Ops. Consequently set aside the impugned orders passed by District Forum, Chikmagaluru in CC.No.28/2017, 27/2017 & 44/2017 respectively with a direction to decide these cases as early as possible not later than 3 months from the date of receipt of this order affording opportunity to both parties in accordance with law.

08. Provide copy of this order to both the parties and to the Commission.

Lady Member Judicial Member *NS*