KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
VAZHUTHACAUD THIRUVANANTHAPURA
APPEAL NO.413/08
JUDGMENT DATED 1.2.2011
PRESENT
SMT.VALSALA SARANGADHARAN -- MEMBER
SHRI.M.V.VISWANATHAN -- JUDICIAL MEMBER
SHRI.M.K.ABDULLA SONA -- MEMBER
1. Thrissur Corporation,
Reptd. by its Secretary.
2. Asst.Secretary, -- APPELLANTS
Electricity Department,
Thrissur Corporation,
Thrissur.
(By Adv.B.Vasudevan Nair)
Vs.
Abdul Rehman P.A.
S/0 Ahammed, -- RESPONDENT
Panikkaveetil House,
Vatanappilly.
JUDGMENT
SRI.M.V.VISWANATHAN,JUDICIAL MEMBER
The appeal is directed against the order dated 9th September 2008 passed by CDRF, Thrissur in CC.No.1194/05. The complaint therein was filed to get P2 statement demanding Rs.18,046/- cancelled. The said P2 statement was issued by way of electricity charges and other incidental charges for the period from April ‘97 to January 2001. The appellants who are the opposite parties before the Forum below filed written version stating that Rs.15,172/- is due from the complainant. Thus, the Forum below came to the conclusion that the appellants/opposite parties cannot be justified in issuing P2 statement demanding Rs.18,046/-. Thereby, the Forum below cancelled P2 statement for Rs.18,046/-. It is against the said order dated 9th September 2008 the present appeal is preferred.
2. When this appeal was taken up for final hearing, there was no representation for respondent/complainant. We heard the learned counsel for appellants/opposite parties.
3. The materials available on record would show that the appellants/opposite parties issued P2 statement for Rs.18,046/- towards the electricity charges for the period from April ‘97 to January 2001. But, in P2 statement, it is also stated that the said sum of Rs.18,046/- was claimed by way of electricity charges up to March 2001. It is also to be noted that P2 is not an electricity bill issued in the regular form. A perusal of P2 statement would make it clear that it is written in a scrap of paper without the details of the demand. So, the Forum below has rightly described the P2 statement as a rough statement. It is also pointed out by the Forum below that along with the written version appellants/opposite parties filed another calculation statement and thereby the amount would come o Rs.15,172/- only. No explanation is forthcoming from the side of the appellants/opposite parties for the aforesaid discrepancy regarding the quantum of the amount demanded from the complainant/
consumer. More over, nothing is stated for making the arrears of the electricity charges for the period from April ‘97 to January 2001. In Ext.P2 demand a sum of Rs.2,869/- is shown as P.I. But, nothing is stated about the so called P.I. Another sum of Rs.5/- is demanded as L.F. No explanation is also given for the aforesaid short forms LF and P.I. Thus, the Forum below can be justified in cancelling P2 statement demanding Rs.18,046/-. We do not find any sustainable reason or ground to interfere with the impugned order passed by the Forum below.
4. The Forum below has also directed the appellants/opposite parties to restore the supply of electricity which was disconnected by the appellants. It is to be noted that there is nothing on record to show that the respondent/complainant (consumer) neglected to pay the electricity charges. In fact, appellants/opposite parties committed omission or negligence in demanding the electricity charges as and when the same became due. So, the Forum below is perfectly justified in directing the appellants/opposite parties to restore the supply of electricity. Thus, in all respects, the impugned order is liable to be upheld. Hence we do so.
In the result, appeal is dismissed. The impugned order passed by the Forum below is confirmed. It is made clear that the appellants/opposite parties will be at liberty to issue proper electricity bills for the arrears of electricity charges if any, due to them from the respondent/complainant (consumer). The parties are directed to suffer their respective costs.
M.V.VISWANATHAN -- JUDICIAL MEMBER
VALSALA SARANGADHARAN -- MEMBER
M.K.ABDULLA SONA -- MEMBER
