By Sri. Mohamed Ismayil.C.V, Member
The grievance of the complainant is as follows:-
1. The complainant is a consumer of the opposite parties. On 12/03/2021, when he
reached at his house he experienced rotten smell inside the house. When the
complainant checks out the reason, it was found that the electricity power was disconnected in the house and source of rotten smell was from the refrigerator. In the absence of electricity power the refrigerator did not work resulting the spoiling of food item like meat and vegetables kept in the refrigerator sourcing rotten smell. At the time of disconnection, no one was present in the house as the wife of the complainant was staying at her house after sustaining a leg injury in an accident. On enquiry, it is found that the opposite parties wilfully disconnected the electricity power in the house under the manoeuvre of non payment of electricity bill. According to the complainant, he remitted the electricity bill on 08/03/2021 and after receiving the due amount from the complainant, the opposite parties disconnected the electricity power. No notice was issued prior to the disconnection. It is stated in the complaint that he approached the opposite parties and informed the payment made on 08/03/2021 and even registered a complaint in the book kept in the office of the opposite parties. But no action was taken by the opposite parties till the date of filing of this complaint. There is no situation prevailed for a disconnection as the payment of bill was duly made by the complainant. The opposite parties committed dereliction of the duty and deficiency in service towards the complainant resulting mental agony and hard ship to the complainant. The opposite parties caused damages to the food articles kept in the refrigerator. So the complainant approached this Commission praying for direction to the opposite parties to pay Rs. 20,000/-(Rupees Twenty thousand only) to the complainant as compensation for the deficiency in service committed by the opposite parties. The complainant also claimed Rs. 10,000/- for the financial loss sustained due to the act of the opposite parties.
2. The complainant is admitted on file and issued notices to the opposite parties. At the same the complainant filed an interim application numbered as IA 99/2021 to restore the electricity connection. The Commission allowed the application and a direction was given to the opposite parties is that effect. After receiving notices the opposite parties appeared through counsel and filed version.
3. In the version, the opposite parties contended that the complaint is not maintainable and allegation put forwarded by the complainant is denied except those are specifically admitted. The opposite parties admitted that the complaint is holder of consumer No.1167097046123.The opposite parties denied the allegation made out in the complaint that the opposite parties disconnected the electricity power in the house of the complainant and thereby caused damage to the food articles kept in the refrigerator resulting rotten smell in the house. According to the opposite parties, no damage is caused to the complainant due to any act of the opposite parties. It is contended by the opposite parties that they did not disconnect the power supply as alleged in the complaint and on 13/03/2021 the complainant did not approach the opposite parties for reconnection of the power supply. According to the opposite parties, the complainant was defaulter in payment of bill between 04/03/2020 and 05/02/2021 and suitable for disconnection as per Kerala State Electricity Supply Code, 2014. Due to covid 19 pandemic related lock down, the Government had issued order giving relaxation in payment of dues of electricity bill to the general public and so the opposite party did not take any step for disconnection of electricity power of the complainant. The opposite parties admitted that the complainant made payment of dues on 08/03/2021. According to the opposite parties the name of the complainant was not included in the disconnection list prepared on 09/03/2021 onwards. There was no dereliction of duty or deficiency in services on the part of the opposite parties. So the opposite parties are not liable to pay any kind of compensation as prayed in the complaint. It is stated in the version that the complainant was defaulter in payment of electricity bill during the period of 04/03/2020 to 05/02/2020 and his name was included chronologically in the 43rd place in the list of disconnection prepared on 04/03/2021. As per regulation, five days will be provided to consumers for payment of bills before disconnection. So in the case of the complainant, he made payment on 08/03/2021. So there is no chance for disconnection of power in the house of the complainant. The complaint is baseless and against law. So then opposite parties prayed for dismissal of complaint with compensatory cost.
4. The complainant and the opposite parties filed affidavits and documents. The document produced by the complainant marked as Ext. A1. Ext. A1 is the copy of receipt dated 08/03/2021 issued by the opposite parties to the complainant showing the payment of electricity bill. The documents produced by the opposite parties are marked as Ext. B1 and B2 documents. Ext. B1 document is the copy of profile of the complainant’s consumer No.116797046123. Ext.B2 document is the copy of defaulters disconnection list of the Electrical Section, Othukkungal DC dated 04/03/2021.
5. Heard the parties in detail. Gone through documents and affidavits. The Commission considered the following points for its consideration.
Whether the opposite parties committed any kind of deficiency in service towards the complainant
If yes, then what will be the relief and cost.
6.Point No.1 & 2:-
It was stated in the complaint that the complainant is the consumer of the opposite parties and on 12/03/2021 when he reached at his house, it was found that the electricity power was disconnected by the opposite parties. As a result the food articles kept in the refrigerator became damaged and rotten smell spread over the house. According to the complainant, he remitted the electricity bill on 08/03/2021 and there is no ground for disconnection. The copy of receipt issued by the opposite parties at the time of remittance of the amount is produced by the complainant and marked as Ext. A1 document . It is further stated that no amount is pending due by the complainant. The case of the complainant is that due to the disconnection of power he suffered financial loss of Rs. 10,000/- as the food articles kept in his refrigerator was damaged. But the opposite parties vehemently opposed the argument of the complainant. According to the opposite parties they did not disconnect the electricity power of the complainant as the complainant already remitted the due amount on 08/03/201. It is further stated by the opposite parties that the complainant was defaulter of the payment of bills between 04/03/2020 to 05/02/2021. In order to prove the contention, the opposite parties produced Ext.B1 and B2 documents. Ext. B1 document is the copy of profile of the consumer number of the complainant which explicitly revealing the defaults of payment of electricity bill by the complainant. It has come out in evidence that the consumer number of the complainant is suitable for disconnection as per Regulation 138 A of Kerala Electricity supply Code, 2014 and his name was included in the disconnection list. But due to Covid -19 relaxation, the opposite parties did made any attempt for disconnection. The opposite parties also produced the Ext. B2 document showing the name of the complainant in Defaulter’s Disconnection list prepared on 04/03/2021. It is stated in the version as well as in affidavit by the opposite parties that 5 days will be granted to the complainant for making payment of bill to get avoided the disconnection. In this case, Ext. A1 document shows the payment of the bill made on 08/03/2021. The Commission also finds that the complainant did not stated the particular date on which disconnection was took place. According to him, he came to know the disconnection on 12/03/2020, because he was an absentee in his house as his wife was staying at her residence due to an injury on her leg. Moreover the complainant also failed to establish the accurate quantum of damage sustained to his food articles kept in the refrigerator. In this context, the Commission considers the statement made by the opposite parties that there was no chance for spreading of rotten smell if the electricity power was disconnected any way and at the same time the refrigerator was remained as unopened. The complainant also failed to produce evidence to the effect that he made a complaint on 13/03/2021 in the office of opposite parties. So analysing the entire aspect availed before the Commission, there is no evidence presented by the complainant to consider his contentions made in the complaint. Hence complaint dismissed. The order made in IA 99/2021 stands cancelled.
Dated this 6th day of March, 2023.
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1
Ext. A1: Document is the copy of receipt dated 08/03/2021 issued by the opposite
parties to the complainant showing the payment of electricity bill.
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Ext.B1 & B2
Ext.B1: Document is the copy of profile of the complainant’s consumer
No.116797046123.
Ext.B2: Document is the copy of defaulters disconnection list of the Electrical Section,
Othukkungal DC dated 04/03/2021 prepared on 05/03/2021.
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
