Kerala

Trissur

op/05/94

Kuttappan - Complainant(s)

Versus

Asst Secretary - Opp.Party(s)

A.D. Benny

26 Jun 2008

ORDER

CONSUMER DISPUTES REDRESSAL FORUM
AYYANTHOLE
THRISSUR-3
 
Complaint Case No. op/05/94
( Date of Filing : 25 Jan 2005 )
 
1. Kuttappan
Kariyathuparambil (H), Pottore
...........Complainant(s)
Versus
1. Asst Secretary
Electricity Wing, Thrissur Corporation
2. Thrissur Corporation
Rep by Secretary
Trissur
Kerala
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MRS. Padmini Sudheesh PRESIDENT
 HON'BLE MRS. Rajani P.S. Member
 HON'BLE MR. Sasidharan M.S Member
 
PRESENT:A.D. Benny, Advocate for the Complainant 1
 M. Vinod and K. Suraj and K. S. Gopalakrishnan, Advocate for the Opp. Party 1
Dated : 26 Jun 2008
Final Order / Judgement

14/01/2011.

ORDER

By Smt.Rajani.P.S., Member

            The complainant’s case is as follows:  the complainant is a consumer of the respondents vide consumer No.8767.  The complainant is running his firm by means of self employment to earn his livelihood.  The complainant regularly paid the electricity charges.  But on 17/1/05 the respondent issued an arrear notice dated 17/1/05 for Rs.6,905/- for the period up to  3/01.  The back side of the said arrear notice they demanded Rs.8428/- including penal interest also.  The amount is demanded for a period before 3/99.  There is no readings or calculations regarding the said amount.  Hence the arrear notice is issued on an experimental basis without any basis.  Besides this the  amount  is demanded for many years ago. Hence it is time barred also.  The act of the  respondents shows deficiency in service.   Hence the complaint.

 

          2. The counter is not seen filed so far.  Hence called absent and set exparte.

          3. To prove the case of the complainant he filed an affidavit and produced Exhibit P1 document and examined as PW1.

          4. According to the complainant he is a consumer of electricity vide consumer No.8767 of the respondents  He regularly paid all the electricity charges.  But the respondents issued an arrear  bill dated 17/1/05 for Rs.6,905/- for the period upto 3/01.  On the back side of the notice they demanded Rs.8,428/- including penal interest.  The said amount is demanded without any basis and hence not liable to pay.

          5. There is no evidence to the contrary.

          6. In the result the complaint is allowed and the Exhibit P1 bill stands cancelled and the respondents are directed to pay Rs.1,000/- as compensation within a month from the date of receipt of copy of order.

          Dictated to the Confdl. Asst., transcribed by her, corrected by me and pronounced in the open Forum this the 14th day of January 2011.

                                                                             Sd/-

                                                                   Rajani.P.S., Member       

                                                                                                Sd/-                                                                                                                 Padmini Sudheesh, President

                                                                             Sd/-                                                                                                    M.S.Sasidharan, Member

 

                                       Appendix

Complainant’s Exhibits

Ext. P1 Notice dt.17/1/05

Complainant’s witness

PW1 -  K.K.Kuttappan

                                                                             Id/-

                                                                                         Member

 

 
 
[HON'BLE MRS. Padmini Sudheesh]
PRESIDENT
 
 
[HON'BLE MRS. Rajani P.S.]
Member
 
 
[HON'BLE MR. Sasidharan M.S]
Member
 

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