By Smt. C.S. Sulekha Beevi, President,<br /> <br /> 1. The case of the complainant is that opposite party refused to accept subsequent bill amounts without remitting the disputed bill for Rs.1989/- for the period 8/2000 to 12/2000. Complainant filed O.P.No.215/03 before this Forum challenging the validity of the bill for Rs.1989/-. Later opposite party issued a notice to pay Rs.29034/- being the current charges from 3/01 to 10/05. This complainant replied stating that he is liable to pay Rs.17,719/- being the actual current charges. Thereafter opposite party issued revised notice dated, 17-11-2005 directing the complainant to pay Rs.25,699/- (Rs.17,719/- as<br /> <br /> <br /> current charges for the period 4/01 to 10/05 and Rs.7,880/- as surcharge and Rs.100/- as Reconnection Fee). Complainant thereafter filed W.P.No.33359/05 before the Honourable High Court challenging the notice for Rs.25,699/- and Hon'ble High Court disposed the case with direction to pay the admitted arrears. Complainant prays to cancel the bill for rs.25,699/- dated, 17-11-2005 since the current charges became arrears only because opposite party failed to accept the charges without remitting the disputed amount of Rs.1989/-.<br /> <br /> 2. Opposite party filed version contending that since complainant refused to pay the disputed amount of Rs.1989/-. Opposite party was not in a position to accept part payment as mentioned in rule 32(7) of the Conditions of Supply of Electrical Energy. Complainant had made a request to Executive Engineer to waive the surcharge which was disallowed. Thereafter complainant approached Hon'ble High Court and as per directions paid Rs.17,719/- to avoid disconnection. Complainant is liable to pay the surcharge and reconnection fee as claimed in the notice.<br /> <br /> 3. Evidence in this case consists of exts.A1 to A9 marked on the side of complainant. No document marked on the side of opposite party. Ext.A6 is the notice to pay Rs.25,699/- dated, 17-11-2005.<br /> <br /> 4. The complaint filed as O.P.No.215/03 disputing the validity of bill for Rs.1989/- is allowed on this same day in favour of complainant. Thus the disputed bill for<br /> <br /> <br /> Rs.1989/- stands cancelled. The contention of opposite party is that since complainant refused to pay the disputed bill subsequent current charges could not be accepted. So the non-payment of current charges was not due to any fault on the complainant's side. Therefore complainant is liable to pay only the actual current charges from 4/01 to 10/05 which is Rs.17,719/-. He is not liable to pay surcharges of Rs.7880/- or reconnection fee of Rs.100/-. Therefore the Ext.A6 notice to pay Rs.25,699/- is illegal and the act of opposite party collecting excess charges amounts to deficiency in service.<br /> <br /> 5. In the result complaint is allowed. Ext.A6 notice for Rs.25,699/- dated, 17-11-2005 stands cancelled. Since complainant has already remitted the current charges of Rs.17,719/-. Complainant need not pay current charges for the period from 4/01 to 10/05. In the circumstances there is no order as to costs.<br /> <br /> Dated this 5th day of February, 2008.<br /> <br /> <br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> <br /> K.T.SIDHIQ, MEMBER<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> APPENDIX<br /> <br /> <br /> Witness examined on the side of the complainant : Nil <br /> Documents marked on the side of the complainant : Ext.A1 to A9<br /> Ext.A1 : Photo copy of the complaint filed by complainant's son as O.P.No.261/01 before this forum. <br /> Ext.A2 : Photo copy of the Order dated, 18-6-2003 in O.P.No.261/01 <br /> pronounced by this forum.<br /> Ext.A3 : Photo copy of the complaint filed by complainant as O.P.No.215/03 dated, 25-8-2003 before this rum. <br /> Ext.A4 : Photo copy of the registered notice dated, 18-10-2005 <br /> sent by opposite party to complainant.<br /> Ext.A5 : Photo copy of the reply to registered notice dated, 18-10-2005 <br /> by complainant to opposite party. <br /> Ext.A6 : Photo copy of the notice dated, 17-11-2005 sent by <br /> opposite party to complainant. <br /> Ext.A7 : Photo copy of the Writ Petition filed by complainant before <br /> Hon'ble High Court challenging the notice.<br /> Ext.A8 : Photo copy of the bill dated, 12-12-2005 for Rs.24,399.67 <br /> Ext.A9 : Photo copy of the receipt dated, -01-06.<br /> Witness examined on the side of the opposite parties : Nil<br /> Documents marked on the side of the opposite parties : Nil<br /> <br /> <br /> <br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> <br /> K.T.SIDHIQ, MEMBER<br />