Present: 1. Smt. Padmini Sudheesh, President.
2. Smt. Sheena.V.V, Member.
23rd day of October 2013
O.P.1413/04 filed on 12.11.04
Complainant: Aboobacker.P.H, General Manager,
Super Sonic Tours & Travels (P) Ltd,
Riyas Complex, R.S. Road, Thrissur-1.
(By Sri. A.D. Benny, Advocate, Thrissur-3)
Respondents: 1. Assistant Secretary, Electricity Department,
Thrissur Corporation.
2. Thrissur Corporation, Rep. by secretary.
(By Sri. Vibin Chacko, Advocate, Thrissur-3)
O R D E R
By Smt. Padmini Sudheesh, President:
The case of complainant is that the complainant is a consumer of respondents as he holds an electric connection vide consumer No.7262D. The respondents had issued an arrear notice dated 21.10.04 demanding Rs.2,34,796/-. This notice is illegal and baseless. The complainant is not liable to pay any arrear amount. The act of respondents is deficiency in service. Hence the complaint.
2. The counter averments are that the disputed connection comes under VII A tariff and it is true that an arrear bill was issued. There was card system existed and complainant failed to pay the additional bill amount. As per the card the complainant failed to pay the amounts from 4/97 to 1/01. In addition to that the complainant failed to pay the additional bill amount for the period 3/96, 9/96, 3/97, 9/97 and 9/98. The total arrears upto 1/01 is Rs.2,34,796/-. The complainant is liable to pay this amount. Hence dismiss.
3. The points for consideration are that:
(1) Whether there was any deficiency in service committed by
respondents?
(2) If so, reliefs and costs.
4. The evidence consists of Exts. P1 to P3. No evidence adduced by respondents.
5. Points: The complainant challenged the genuineness of Ext. P1 bill issued by respondents. As per Ext. P1 the complainant, the beneficiary was demanded to pay a huge arrears of Rs.2,34,796/-. It is stated in Ext. P1 that there are arrears outstanding upto 1/01 for this amount. The hand written statement also produced by complainant which is marked as Ext. P2 and bearing the seal of respondent Corporation.
6. As per Ext. P1 the arrears are demanding upto 1/01. But there are no details with regard to the arrears. It is stated that statement is appending herewith. As per the statement the energy charge upto 1/01 claims Rs.2,34,796/-. The interest for belated payment stated as Rs.56,055/-. Later the amounts as per the card system which was not paid by complainant and additional bill amount are mentioned and by totalling the amount comes to Rs.2,34,796/-. But there is irregularity and incorrectness in the calculation as per Ext. P2 statement. It can be prima facie seen to anybody. So the complainant is not liable to pay this amount.
7. The respondents who have issued arrear notice of more than two lakh failed to adduce any evidence to prove the bill and establish their case. It is the duty of respondents to establish the bill beyond doubt. But the respondents have conducted the case very silly manner. In these circumstances there is no option except to allow the complaint. It is found that there was deficiency in service on the part of respondents.
8. In the result the complaint is allowed and Ext. P1 bill stands cancelled.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the 23rd day of October 2013.
(Sd)
Padmini Sudheesh, President.
(Sd)
Sheena.V.V, Member.
Appendix
Complainant’s Exhibits:
Ext. P1: Copy of notice dt. 21.10.04.
Ext. P2: Copy of calculation statement.
Ext. P3: Copy of bill dt. 5.10.04.
(Id)
President
