IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, ALAPPUZHA
Friday the 25th day of October, 2024
Filed on: 21.08.2023
Present
- Smt. P.R.Sholy, B.A.L, LLB (President in Charge )
- Smt. C.K.Lekhamma . B.A. LLB (Member)
In
CC/No. 238/2023
between
Complainant:- | Opposite Parties:- |
Sri. Karunakara Pillai. Assistant Engineer
Vinod Bhavanam KSEB Electrical Section, Poochackal.P.O
Pallippuram.P.O, Cherthala-688541 Cherthala
(Adv. Jayan .C.Das)
O R D E R
SMT. SHOLY.P.R (PRESIDENT IN CHARGE)
Complaint filed u/s 35 of the Consumer Protection Act, 2019.
1. Complainant’s case briefly stated are as follows: -
Complainant is the consumer of KSEB Poochackal Electrical Section for the last 20 years having Consumer No. 13906 in which he has been consuming below 25 units of electricity per month. One day after 25th of June 2021 the electric wire proceeding to the house of complainant broken down by fire due to heavy rain and lightning. Upon intimation given to the electricity office, the employees from there made arrangements and restored the electricity supply.
2. Thereafter to the next bill issued by the opposite party on 3/7/2021 the consumption of electricity mentioned above 750 units and an amount of Rs. 5700/- charged for the same. On the same day itself the complainant filed a petition before the opposite party and in which the opposite party checked the meter and found no fault in wiring and also opined that the meter reading might be skipped at the time of broken down the wire due to lightening and heavy rain. The opposite party charged the said amount as arrear in the subsequent bills. The complainant has paid all the amount for the monthly consumption of electricity. At the time of receiving a disconnection notice in June, 2023 the complainant preferred an application requesting to exempt him from payment of the said amount reflected due the incident of 2021 as not his own fault. But the opposite party had disconnected the electricity connection of the complainant on 16/8/2023 without any prior intimation. Hence the complainant seeking relief to restore the electricity connection and also change the position of the complainant as a defaulter.
3. In response to the complaint the opposite party filed version contenting as follows:-
4. The complaint is devoid of any merit.
5. The complainant is not a resident of the house having the disputed consumer connection. None resided in the said house.
6. It is true that during June 2021 the line wire proceeding to the house of nonresident was broken down. It was happened due to abrasion of branch of mango tree grown up in the property of complainant during rain and not due to lightening. If the lightening affected on electric line it would cause destruction of all the electricity meters and electrical equipments in the surrounding houses of the same line. As there was installed the electronic digital meter in the house of complainant and not connected the security devices of ELCB or RCCB which would cause the destruction of the meter and other electrical equipment. No such incident reported in the house of the complainant. As requested by the complainant alleging excess consumption of electricity, it was inspected by the opposite party using standard test meter and found there was no defect to the meter. There is possibility to record more consumption of units of electricity if any electric home appliances stands defective during the period between taking meter reading and also due to expulsion of energy to earth from electric home appliances. There is no chance for skipping the meter due to lightening.
7. On 11/1/2023 the opposite party had given notice to complainant demanding to pay arrear amount, with a warning of disconnection of electricity if not complied the same. On subsequent request of the complainant again sent notice on 16/2/2023. Each and every consumption bill from opposite party is the demand and disconnection notice in default of payment. The electricity connection of the complainant had disconnected only after informing directly since the last demand dtd. 30/7/2023 was not complied by the complainant. The opposite party is ready and willing to reinstate the electricity connection to the complainant, if he pay the arrear amount to the opposite party. There is no deficiency in service on the part of opposite party. Hence the complaint is liable to be dismissed with cost.
8. On the above pleadings following points that arise for consideration :-
1. Whether there is any deficiency in service on the part of opposite party ?
2. Whether the complainant is entitled to get relief sought for in the complaint?
3. Reliefs and costs?
9. Evidence in this case consists of oral evidence of PW1 and Ext.A1 to A4 on the side of complainant and oral evidence of RW1 on the side of opposite party. Heard the complainant.
10. Point No. 1 and 2:-
PW1 is the complainant in this case. He filed an affidavit in lieu of the complaint and got marked Ext.A1 to A4. Ext.A1 is the copy of bills issued by the opposite party in 2 consumer numbers in the name of PW1 dtd. 2/9/2023. Ext.A2 is the copy of letter sent to the opposite party by the complainant dtd. 18/1/2023. Ext.A3 is the OTS intimation for bill amount of the complainant issued by opposite party dtd. 16/8/2023. Ext.A4 is the disconnection notice issued by the opposite party to PW1 dtd. 11/1/2023.
11. RW1 is the opposite party in this case. He filed an affidavit in tune with the version.
12. The complainant’s case is that eventhough he has been consuming below 25 units of electricity per month from the very beginning of the connection it was hiked during July 2021 subsequent malfunctioning of the meter which was broken down on 25/6/2021 by fire due to heavy rain and lightening. Thereafter the opposite party issued bill on 3/7/2021 in which the consumption of electricity was above 750 units and the amount to be paid was Rs. 5700/-. Though the complainant preferred petition alleging non consumption of the said amount of electricity it was not considered by the opposite party as no fault found while checking the wiring in the said consumer connection. Thereafter the opposite party issued bills including the said amount as arrears. The request of the complainant for exempting him from payment of the said amount contenting as it was reflected due to the incident of 2021 which was not heeded by the opposite party and on 16/8/2023 they disconnected the electricity connection without any prior intimation to the complainant. Hence this complaint.
13. Per contra the opposite party contended that there was no fault in the wiring and meter as alleged by the complainant in the said consumer connection. The opposite party also alleged that the bills reflected the charges of usage of electricity by the complainant. It is contended by the opposite party that the branches of mango tree grown up in the property beneath the electric line touched the said line and due to the abrasion of the same the line was broken down during rain which may cause hiking of usage of electricity. The opposite party also averred that if any such incident of broken down of electric line due to lightening which would have caused damages to the meter itself and house hold electric utensils of the house of the complainant and in houses of the surrounding area proceeding the same electric line. Opposite party further alleged that as per the checking of meter using standard test meter no fault found by the opposite party. According to the opposite party they had intimated the complainant to remit the arrears within a stipulated time, otherwise they would disconnect the electricity connection of the complainant and non –compliance of the said direction leads to the disconnection. The opposite party also averred that they are still ready to re-instate the connection, if the complainant is willing to pay the arrear amount.
14. Admittedly the electricity connection of the complainant was disconnected due to non-payment of bill amount. On that count the sole question arose for concluding the discussion is that what would be the cause for excess bill amount in the said consumer connection. In the Ext.A1 it is seen that in the disputed consumer connection an amount of Rs. 5322/- mentioned as arrears and charges during period was Rs. 152/-. From the complaint it is revealed that the alleged cause for excess bill amount happened in the year 2021 and the complainant preferred petition to the opposite party on the basis of the same for redressal of his grievance on 4/7/2021 itself. It can also be seen from Ext.A3 an arrear of Rs. 3070/- was outstanding as principal amount from 2/7/2021 to 2/7/2023 (wrongly mentioned as 2/7/2021). According to the available documents, especially in the absence of remittance of bill amount between the years 2021 to 2023 an average amount of Rs. 150/- accumulated for 24 months comes to Rs. 3600/-. In the said circumstance the non-payment of bill amount carries statutory interest and penal charges. Moreover the complainant himself reiterated in Ext.A2 that without made any reply to the letter dtd. 4/7/2021 the opposite party had been issuing reading bill along with arrear. In the said circumstance also we can understand that the complainant had not remitted the bill amount subsequent to 4/7/2021 and which would cause the accumulation of bill amount as arrears. In the absence of other corroborative evidence of defaulted meter reading we could not find any deficiency in service on the side of opposite party in connection with the disconnection of electricity in Consumer No. 900906 and the complainant is not entitled any relief sought for in the complaint. These points are found against the complainant.
15. Point No.3:-
In the result complaint stands dismissed. No cost.
Dictated to the Confidential Assistant, transcribed by him corrected by me and pronounced in open Commission this the 25th day of October, 2024.
Sd/- Smt.P.R Sholy (President-In-Charge)
Sd/-Smt. C.K.Lekhamma.(Member)
Appendix:-Evidence of the complainant:-
PW1 - P. Karunakara Pillai(Complainant)
Ext.A1 - Copy of Electricity Bill
Ext.A2 - Copy of Letter
Ext.A3 - Notice of One Time Settlement (KSEB Poochackal)
Ext.A4 - Copy of Disconnection Notice.
Evidence of the opposite parties:-
RW1 - Shalimon.M.G (OP witness)
// True Copy //
To
Complainant/Oppo. party/S.F.
By Order
Typed by:- Br/-
Compared by:- Assistant Registrar
