By Smt. Padmini Sudheesh, President<br /> <br /> Petitioner’s case in brief is as follows:<br /> <br /> Sanjo Ashramam is the petitioner and it is represented by the present Superion Fr.John Kunnath. The petitioner has three Consumer numbers, one for Church, one for building and third one for the Pump set and Motor and the number is 2593. Petitioer is regularly paying the electricity charges. For the consumer No.2593 regular bill is issued and when the bill was presented for payment the officers of K.S.E.B refused to accept stating that it is for agricultural purpose and hence is exempted from payment of tariff. K.S.E.B. did not accept the payment on remittance and never issued any demand notice or disconnection notice since last five years. Now the respondent issued a demand notice for Rs.31,214 stating that if amount is not paid before 19/3/06 connection will be terminated. The KSEB demanded Rs.17,519/- as arrears, Rs.13,595/- as surcharge and Rs.100/- as incidental charges. Petitioner is not liable to pay any amount since there is no default in making the payment. It was the KSEB that advised the petitioner not to pay the charges for consumer No.2593. 3r respondent also stated that petitioner is not exempted from paying the bill for consumer No.2593. The bill is arbitrary. The bill is barred by limitation. Hence this complaint for cancellation of the impugned bill.<br /> <br /> Respondent1 and Respondent 2 filed Counter as follows:<br /> <br /> 2. There is arrears for an amount of Rs.31,214/-. The connection is not exempted from paying the charges. It is to be granted by respondent3. The petitioner has to approach respondent 3. No information is received by respondent 1 and respondent 2 regarding agricultural exemption. So the petitioner has to pay the bill. Since the connection is not exempted he has to pay the charges. Hence dismiss the petition.<br /> <br /> 3. Respondent 3 in his Counter stated that on 20/4/06 the petitioner has put an application to respondent 3 for allowing the amount of Rs.31,214/-. In reply to the application respondent 3 informed that since no application for exemption is submitted before respondent 3, it is unable to grant the amount. Respondent 3 also stated that he had informed the petitioner to put application for exemption. The petitioner did not do so. So it is unable to grant exemption of the arrear.<br /> <br /> 4. The points for consideration are<br /> 1)Whether the petitioner is liable to pay the impugned bill?<br /> 2) Reliefs and costs?<br /> <br /> 5. The evidence consists of Exhibit P1 to P3 and no documentary evidence is submitted by the respondents.<br /> <br /> Point No.1&2<br /> <br /> 6.According to the petitioner when the petitioner presented the regular bill for payment the officers of KS.E.B. refused to accept stating that it is for agricultural purposes. KSEB never issued any demand notice or disconnection notice since last five years. So they have no right to demand the charges for consumer No.2593. But in the Counter KSEB submitted that since the connection is not exempted, the petitioner has to clear off the arrears due to them at any time.<br /> <br /> 7. In the Counter respondent 3, the Agricultural Officer averred that he has informed the petitioner to apply for exemption but he did not do so.<br /> <br /> 8. On going through the versions we think that usual directions given in such matters will do in this case also.<br /> <br /> 9. In the result, the complaint is allowed and the complainant is directed to file an application before the 3rd respondent seeking exemption within one month from today and the 3rd respondent is directed to dispose of the application within a week from the date of receipt of the same. It is to be remembered that if the complainant is entitled to have the exemption, the complainant is entitled to get exemption from the inception and his name will be included in the list of exempt persons and send to respondents 1 and 2. The respondents 1 and 2 are directed to wait for the orders of the 3rd respondent and shall not take any coercive steps against the complainant pending decision of the 3rd respondent. If the petitioner is not entitled for exemption he has to clear off the exhibit R3 bill amount within three months from the date of report of the Agricultural Officer.<br /> <br /> Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open forum this the 16th day of May 2008.<br />