BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 30th day of June, 2009

Present:

SRI.LAIJU RAMAKRISHNAN PRESIDENT

SMT.SHEELA JACOB MEMBER

SMT.BINDU SOMAN MEMBER

C.C No.220/2008

Between

Complainant : N. Mohanan,

Lakshmi Nivas,

Nedumkandam P.O.

Pin: 685 553.

(By Adv: V.M. Joymon)

And

Opposite Parties : 1. The Assistant Engineer,

Kerala State Electricity Board,

Electrical Section,

Nedumkandam, Chembalam P.O.,

Pin: 685 553.

2. The Secretary,

Kerala State Electricity Board,

Vydyuthi Bhavan,

Thiruvananthapuram.

3. The Agricultural Officer,

Krishibhavan,

Udumbanchola P.O.,

Udumbanchola.

O R D E R

SRI.LAIJU RAMAKRISHNAN(PRESDIENT)

Complainant who is an agriculturist and having a property of 3 acres and 65 cents at Udumbanchola. He availed an Electrical connection from opposite party on 08/12/2000 for agricultural purpose. But after that, the complainant transferred his property to one Mr. Ramayya Chettiyar at Theni, as mortgage deed for Rs.2 lakhs. The property was not used for agricultural purpose after that. On 04/09/2007 he repurchased the property and cultivated cardomem plants in the property. Unfortunately complainant was laid up due to rheumatic problem and was taking rest at home. Then a demand notice was issued from 1^st opposite party for an amount of Rs.45,738/- as the due in Electrical bill for consumer No.17840. On examination the complainant revealed that the 1^st opposite party forcefully trespassed in the property and dismantled the meter by destroying the compound gate, door of the punp house and the meter board. No notice was served to the complainant, who was residing 3 KM away from the 1^st opposite parties office. The electrical connection to the complainant's property was in free of cost, because it was an agricultural connection. The 3^rd opposite party has paid Rs.37,000/- to the 1^st opposite parties office for the electrical energy charge of the complainant. Complainant availed the electrical connection by fixing 13 posts with an estimates of Rs.51,000/-. But the 1^st opposite party has given nearly 25 connection from that posts laid for the complainant's electrical connection. The complainant is entitled to pay only Rs.5,000/- if it is shared by the other consumers. So the petition is filed for getting reconnection for the complainant's electrical connection and also for compensation for the distractions made by the 1^st opposite party to his property.

2. As per written version of 1^st opposite party and 2^nd opposite party, the complainant's consumer number was changed from 1340/GDLA to 17840 as per the computerization of billing sector, it was duly informed to the complainant. It is also admitted that the 3^rd opposite party has paid the electrical bills of the complainant up to 2003, after that “Krishi Bhavan” has stopped the remittance. The consumer connection was changed to M.G. (Minimum Guarantee) scheme. Dismantling notice was duly served to the complainant and was dismantled on 23/07/2008. The gate was open and there was no door for the pumb house. So there is no deficiency in the part of opposite party.

3. As per the written version of 3^rd opposite party, the free electrical connection for agricultural purpose is providing for a particular consumer. If the property is transferred to any body that benefit will laps. If the estimate amount is more than Rs.20,000/- then the agriculturist must make agreement with KSEB for minimum guarantee for the excess amount. If the complainant files an application for the free agricultural electrical connection in future, the complainant's name will be included in the list.

4. The point for consideration is whether there was any deficiency in service on the part of the opposite parties, and if so, for what relief the complainant is entitled to?

5. The evidence consists of the oral testimony of PW1 and Exts.P1 to P5 marked on the side of the complainant and the oral testimony of DW1 and Exts.R1 to R3 marked on the side of the opposite parties.

6. The POINT:- The complainant is filed for cancellation of hike bill issued by opposite party and also for reconnection of electricity. The complainant was examined as PW1. Complainant availed agricultural connection on 08/12/2000 as consumer No.1340/GDCA as free of cost. The property was mortgaged to another person with mortgage deed for 7 years in 2000. At that time no electricity was used for any purpose. On 2007 the complainant again started agriculture after repurchasing the property. But a bill was served to him for Rs.45,738/- by 1^st opposite party which is Exts.P1. PW1 was laid up due to rheumatic problem. The 1^st opposite party has demolished the compound gate, pump house door and dismantled the meter by forcible tress pass without serving notice to the complainant. The complainant used only 12 units of electrical energy within 8 years. 3^rd opposite party and PW1 were paying the bills properly which was an amount of Rs.40,000/- up to 2003. The bills were marked as Ext.P2 and P3(series). The 1^st opposite party was examined as DW1. As per DW1 the bill amount of the electrical charges of the complainant were duly paid by the 3^rd opposite party up to 2/2003. But they have stopped remittance after that period. The minimum guarantee agreement with the 1^st opposite party and the complainant is marked as Ext.R1. So the complainant is bound to pay the amount even if he did not use the electrical energy. As per order of Kerala Government dated 04/02/1999 if the estimate amount is above Rs.20,000/- the agriculturist must make agreement with KSEB for minimum guarantee, and has to pay the minimum guarantee amount. Ext.R2 is the copy of the order. And also as per the order of KSEB the same should be done. The krishibhavan have to submit a list including the name of the agriculturist within 3 months. The copy of the order is marked as Ext.R3.

Considering the evidence, the complainant's name was included in the list of free agricultural electrical connection up to 2003. The "Krishibhavan" has paid the amount. But after that no list including the name of the complainant was submitted by 3^rd opposite party to 1^st opposite party. No remittance was done by 3^rd opposite party for the electrical bill of PW1. As per 3^rd opposite party if the agriculturist transferrers his property from his name the, benefit will lapse. Here the PW1 admitted that the property was in the possession of one Ramayya Chettiyar from 2002 to 2007. Ext.P5 is the copy of the re- conveyance deed produced by PW1. PW1 deposed that he is not aware of the minimum guarantee scheme because he is an illiterate, even though he entered into the Minimum guarantee agreement with 1^st opposite party. There is no evidence produced by the complainant to show that the 1^st opposite party has destroyed his gate and pumb house for dismantling the meter. So we think that the complainant is entitled to pay the electrical bills issued by the 1^st opposite party. But it is stated in the Ext.R2 government order in 6^th clause that KSEB is not entrusted to impose fine from the agriculturist if the agriculturist is not able to pay the electrical bills because of Technical reason. It is also mentioned in the 4th paragraph of Ext.R2, KSEB order that the fine should not be imposed, to the agriculturist, if there is any default from 01/04/1998 onwards. So we think it is proper to cancel the Ext.P1 bill issued to the complainant by 1^st opposite party and issue a fresh invoice after deducting the surcharge and fine amount.

Hence the petition allowed. The 1^st and 2^nd opposite party's are directed to cancel Ext.P1 bill issued to the complainant dated 22/08/2008 for Rs.45,728/-. The 1^st opposite party can issue fresh invoice to the complainant after excempting the fine and surcharge from the Ext.P1 bill. The opposite parties are also directed to consider the complainant's application for fresh agricultural connection within 15 days of the receipt of the same, if he complies all the formalities for the same.

No cost is ordered against the opposite party.

Pronounced in the Open Forum on this the 30^th day of June,2009.

Sd/- SRI.LAIJU RAMAKRISHNAN(PRESIDENT)

Sd/-

SMT.SHEELA JACOB(MEMBER)

Sd/-

SMT.BINDU SOMAN(MEMBER)

APPENDIX

Depositions :

On the side of Complainant :

PW1 - N Mohanan

On the side of Opposite Parties :

DW1 - R. Sanjeev Kumar

Exhibits:

On the side of Complainant:

Ext.P1 - Legal Notice dated 22/08/2008.

Ext.P2 - Copy of receipt.

Ext.P3 series(a-d) - KSEB Bills receipt

Ext.P4 - Copy of free Electric connection lists from Krishi Bhavan.

Ext.P5 - Agreement copy

On the side of Opposite Parties :

Ext.R1 - Copy of Minimum guarantee agreement

Ext.R2 - Copy of government order dated 04/02/1999.

Ext.R3 - Copy of Board Order dated 25/02/1999.