By Smt. Rajani.P.S, Member:
The complainant’s case is as follows: During 1987-88 the Nadathara Krishi Bhavan had sanctioned an agricultural service centre for the Poochatty Harijan Colony. When no space was available for the construction of the building for the said service centre, the complainant gave 4 cents out of his 17 cents of property at free of costs. A committee was formed for the working of the said service centre. An electric connection was taken in the name of the complainant vide consumer No.6947. The said service centre stopped its functioning after two years and thereafter the building was given to Priyadarsan Kalavedi and the said cultural society also functioned there only for two years. After that in 2002 he received a notice from 1st respondent to pay Rs.10,355/-. On enquiry he came to know that the notice was issued for the arrears during the period from 1992 onwards. The respondents demanded an arrear amount for about twelve years before. The said notice lacks any calculation and on 28.4.07 1st respondent told that they have initiated RR proceedings and he has to pay Rs.20,209/- immediately. The said connection was dismantled in the year 2001. The notice issued by the 1st respondent is illegal and time barred and therefore to stop the RR proceedings. Hence the complaint.
2. The respondents remained exparte.
3. To prove the case of the complainant he filed affidavit and produced Exts. P1 to P3 documents.
4. According to the complainant, Ext. P1 notice was issued by the 1st respondent for the arrears in the consumer No.6947. The said consumer number was availed for the functioning of an agricultural service centre for Poochatty Harijan colony by the Nadathara Krishi Bhavan. The building for the same was constructed in the 4 cents of property given by the complainant and the said electric connection was in the name of the complainant. The agricultural service centre stopped functioning after 2 years and thereafter Priyadarsan Kalavedi functioning there for about 2 years. After that in the year 2002 he received the impugned Ext. P1 notice demanding arrears from 1992 onwards. As it was demanded for a period of 12 years and without any calculations for the arrears demands, the Ext. P1 bill is illegal and time barred.As the Ext. P1 notice is illegal, the RR proceedings may be cancelled.
5. There is no evidence to the contrary.
6. But Ext. P1 RR notice would show that it was issued on 30.10.01 and the electric connection for the consumer No.6947 of the complainant was dismantled on 5.9.01 and Rs.10,355/- was demanded as arrears. The complaint is filed in the year 2007 only when the respondents informed that they have initiated the RR proceedings. The complainant never produced any documents to show that he had paid regularly towards the electricity charges and the cause of action for the complaint was started when he received the Ext. P1 notice on 30.10.01. No other evidence is produced to prove that there is cause of action for the complainant in between the filing of complaint and the Ext. P1 notice. It is sure that the respondents will initiate steps to recover the arrears. Further the said connection was dismantled in the year 2001 and he sought the relief only in the year 2007. So the complaint ought to have filed within two years from the year 2001. The present complaint was filed in the year 2007 only when the complainant got information about the initiation of RR proceedings. There is no evidence for the same also. So the complaint is time barred as per Section 24(A) of Consumer Protection Act.
7. I n the result the complaint stands dismissed.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the 28th day of September 2011.
