SMT. RAVI SUSHA  : PRESIDENT

   This complaint has been filed by the complainant U/S 12 of Consumer Protection Act 1986, seeking  to get an order directing the opposite parties to pay Rs.50,000/- towards compensation with interest together with cost of proceedings to the complainant.

   Briefly stated, the facts of the case are that the complainant have electric connection under the 1^st OP with consumer No1166617010421 for the last so many years.  Complainant got a usual demand notice No. 6661191214984 dtd.20/12/2019 for Rs.2670/- due  on 30/12/2019  and  complainant failed to pay the bill amount  within time.  Complainant alleged that on 1/2/2020 Saturday at about 11.a.m  2^nd OP came to his house and tried to  disconnect the electricity for non payment of the bill amount. But since there was no money in the custody of the  wife and children, at that time he requested the 2^nd OP that the amount will be paid at afternoon or on next working day.  2^nd OP was not ready to hear the words and he insulted the complainant by using  unhealthy words and he disconnected the electricity. The acts of the OPs are violation of the rules and regulations  and the denial of the natural justice and rights of the complainant  as a consumer and unauthorized, illegal and against the settled position of law.  The OPs have no right to disconnect the electricity  without the registered notice.  They are not ready to issue registered notice or even to grant breathing time  to pay the amount.  The act of OPs are unfair trade practice and negligence in service.  Hence this complaint.

    The Opposite parties filed version and pleaded that the complaint is not maintainable before this commission.  As per Sec.181 of  Electricity Act 2003 the state regulatory commission vide Kerala state Electricity Regulatory commission  regulation Act 2005 as constituted CGRF and Ombudsman exclusively for redressal of grievance of  electricity consumer.  Since separate forum has been constituted to redress pleased to dismiss this complaint and   direct the complainant to approach CGRF to redress his grievance.  It is admitted that  the complainant is a consumer  with consumer No1166617010421 for the last so many years .  Further  admitted that a demand  cum disconnection notice No6661191214984  dtd.20/12/2019 for Rs.2670/- has been issued to the complainant with a due date  30/12/2019 and the complainant has failed to pay the said bill in the said due date.  The disconnection date in the said notice  is 16/1/2020. The demand cum disconnection notice comprise the demand for additional cash deposit Rs.660/- demanded on 31/5/2019 and regular current charges Rs.2019/-  of 20/12/2019.  Since the consumer has not paid the above  bill amount field staff of 1^st   OP frequently contacted the consumer through phone and requested him to pay the bill from 17/1/2019.  It is true that the field staff contacted the complainant from his own mobile number and informed him that he can pay the bill by online from anywhere in the world.  This indicate that the  field staff has no intention to disconnect the electricity but only needed to pay the bill.  However consumer has no intention to pay the bill at that time.  So disconnection was effected after saying  the family members.  The averment in the complainant that field staff threatened  etc are not correct.  It is further submitted that the complainant is a permanent defaulter in paying the electricity charges and  he is regularly paying the current charges after the disconnection date. To prove the said contention a detailed statement regarding the bills and payments  are produced. OP submitted that the disconnection was made  done  only after 15 days from the date of disconnection as per the demand cum disconnection notice.  There is no violation of rules and regulations by the 1^st OP and natural justice has not been denied to the complainant  and there is no unfair trade practice. It is submitted that the field staff of the 1^st OP has no authority to extend the due date and disconnection  date of the bill, and he is  doing the work which has  assigned to him.  There is no unfair trade practice or deficiency in service on the  part of OPs as such the complainant is not entitled to any relief or compensation hence prayed for the dismissal of  the complaint.

   At the evidence stage, complainant has filed chief  affidavit and 9 documents.  He has been examined as PW1 and the documents has been marked as Exts.A1 to A9.  On the side of OPs two documents were produced  and marked as Exts.B1 and B2.  After that the learned counsel of complainant made oral arguments and the learned counsel of OPs filed written argument note.

   The learned counsel of  complainant submitted that the complainant could not pay the disputed bill  having No.6661191214984 dtd.20/12/2019 for Rs.2670/- within time on 30/12/2019 due  some personal inconvenience and 2^nd OP ie, the line man of KSEB came to his house on the very next day and disconnected the electric connection to his house, without hearing the request from him and his family that the amount will be paid at after noon on the same day and  on next working day.  Complainant has submitted that the electric connection was disconnected by  OPs without complying the rules and regulations of  Kerala Electricity Supply Code 2014  Reguations.138 & 139.  Hence there is deficiency in service on the part of OPs.

   OPs submitted that the complainant was duly served the demand  cum disconnection notice(disputed bill) dtd.20/12/2019 for Rs.2670/- with a due date  30/12/2019 and the complainant has failed to pay the said bill in the said due date.  The disconnection date as per the said notice  is 16/1/2020.  OP submitted that they had disconnected the electric connection only after 15 days from the date of disconnection as per the demand cum disconnection notice.  Further contended that there is no violation of rules and regulations by the 1^st OP and hence there is no unfair trade practice.  According to OP, the prevailing  rule did not insist to give the demand notice by registered post.  OP further submitted that the complainant is a permanent defaulter in paying the electricity charges.  He is regularly paying the current charges after the disconnection date.  To prove the said contention OP has submitted a detailed statement regarding the bills and payments made by the complainant(Ext.B1) .

   OP further submitted that since this complaint is filed against erroneous disconnection  of  supply, the complaint ought to have been filed before CGRF and Electricity Ombudsman.

   With regard to maintainability of the present complaint, the complainant in this case alleging deficiency  in service  on the part of OP in non compliance of the rule and regulation of Kerala Electricity Supply Code 2014 Regulation 138 A & Sec.56(1) by the OP.  So our view is that this complaint is maintainable before this commission.

   Here the question to be  decided is whether OP has disconnected the electricity supply of the complainant after complying the Rules and regulation of  Kerala Electricity Supply Code 2014 Regulation 138 & 139?

   According to OPs, they  are not bound to issue a prior registered notice informing the consumer about disconnection of electricity supply.  On the other hand the learned counsel of complainant produced  chapter 8 of Disconnection, Dismantling and Reconnection of Kerala Electricity supply code 2014 Regulations 138&139.  On perusal of it Sec.138 states about   ground for disconnection: (1) The licensee shall not  disconnect the supply of electricity to any consumer except(a) if the consumer defaults in payment of the dues payable to the licensee as per the bill or demand notice, within the period stipulated therein.

Sec.139:- procedure for disconnection(1)- The licensee shall, in case of disconnection proposed on the grounds mentioned in clause(a) of sub section (1) of  Regulation 138, issue a disconnection notice in writing, as per Sec.56 of the  Act, with a notice  period of not less than fifteen clear days, intimating the consumer about the grounds for disconnection and directing him to pay the dues with penal charges within the notice period.

   Here though OP raised a contention that there is no rule prevailing insist  OP, to give the demand notice by registered post, Ext.A4 produced from the  side of complainant shows that on 2/3/2020 OP had issued Demand notice to the consumer as per Regulation 138 A and Sec.56(1) of KESC 2014.  Which clearly reveals that  OP(licensee) should have issued a prior notice under Regulation 138(a) & 139 and Sec.56(1) of Kerala Electricity supply code 2014 and a  period of  not less than 15 days must have given to the consumer to pay the dues with penal charges within  the notice period.  Here the contention raised by the OP that the disconnection of electricity supply was made only after 15 days from the date of disconnection as per bill is not sufficient.  Even though from Ext.B1 and B2,  it is evident that complainant is a regular defaulter in paying the electricity bill amount, OP has to comply the Rules and Regulations before disconnecting the supply.  It is a fact that the field staff  of the 1^st OP has no authority to extend the due date and he is  doing the work which has been assigned to him.  There is no deficiency in service  on the part of  2^nd OP as there is no evidence that 2^nd OP had insulted complainant’s family.  Therefore, from the facts and circumstances of this case,  1^st opposite party is liable to pay compensation to the complainant.

   In the result complaint is allowed in part.   1^st opposite party is directed to pay Rs.10,000/- as compensation  and Rs.2000/-  towards cost of the proceedings to the complainant for the mental agony sustained to the complainant, within one month from the date of receipt of this order.  Failing which Rs.10000/- carries interest @9% per annum from the date of order till the date of realization of the  awarded amount.  Complainant is at liberty to  file execution application against 1^st opposite party for realization of the awarded amount as per provisions in Consumer Protection Act 2019.

Exts:

A1-copy of land tax receipt

A2- building tax receipt

A3-Demand notice from OP

A4-Notice issued by OP

A5 series-Photographs(2 in Nos.)

A6- copy of notice right to information act

A7-postal receipt

A8-Acknowledgment card

A9-reply public information officer of the OP

B1&B2-electricity  Bills and payments details of PW1

PW1-Kabeer.T.K-complainant

Sd/                                                         Sd/                                                     Sd/

PRESIDENT                                             MEMBER                                               MEMBER

Ravi Susha                                       Molykutty Mathew                                    Sajeesh K.P

eva           

                                                                        /Forwarded by Order/

                                                                   ASSISTANT REGISTRAR