O R D E R

By Smt.Sreeja.S, Member :

          Complainant is the electricity consumer of the opposite party with consumer No.7875A.  The connection has been issued to for commercial purpose to Joy Industries run by the  complainant.  Opposite parties issued an arrear notice without date and showing the amount bearing No.E4B-885/12 and also stating the default clause of                      recovery/prosecution proceedings.  Hence he caused a lawyer notice dated 25/2/12.  In the reply notice the opposite parties demanded to pay Rs.98,509/- towards the energy charge from the month of 1/2006 apart from that they issued further demand notice for the period 12/12 of an amount of Rs.41,597/-.  No meter reading were taken during the period and demand is illegal.  Hence this complaint filed.

          2.On receiving complaint notice issued to opposite parties.  Opposite parties filed version stating that the complaint is not maintainable.  The said connection given to complainant was included in LTIV Tariff and issued proper bills stating monthly consumption and energy charges by the opposite party.  The opposite party has been issued a demand and disconnection notice for an amount of Rs.98,509/- upto the month January 2012.  The arrear for the month of July 2012 shows as Rs.1,05,420.88.  The consumer  is liable  to pay the energy charges for his consumption.  The allegation running the business for his livelihood is denied and the same is intended for making  high profit.  There is no deficiency of service from the  opposite party and prayed for dismissal.

          3.Points for consideration are :

1)Whether there is any deficiency of service from the part of opposite parties or not?

2)If so, reliefs and costs?

          4.Complainant produced three documents and marked as Exts.P1 to P3.  Complainant was examined as PW1 by the opposite parties counsel.  The documents produced from the side of opposite parties are marked as Exts.R1 to R5.

          5. The case of the complainant is that he has been issued with a demand notice without showing the consumption and energy charges.  Ext.P1 is the demand notice  issued under Section 56 of Electricity Act. The complainant challenges the same stating that it is  baseless and illegal.  Opposite party states that they issued a demand and disconnection notice for recovery of arrears amounting to Rs.98,509/- towards energy charge.  Since they consumed the energy, they are bound to pay energy charges.  Ext.P1 reads that it is demand and disconnection notice u/s 56.  But it does not show the period of consumption and  amount of arrears.  Further the counsel of the complainant invited  our attention Ext.P3.  Ext.P3 is addressed to the counsel for the complainant and issued in reply to lawyer notice dated 25/2/12.  Issuance of such a  demand  notice is illegal and thus the case of the complainant  to the effect that Ext.P1 does not show the consumption and energy charges stands proved.

          6.Now the counsel for the complainant invited our attention to Section 56 of the Act.  The intend of the section is that the demand should be complete showing the amount due.  The opposite parties have no contra case and adduce no evidence or explained the law contending Ext.P1 as legal.  It is true that on the face of Ext.P1, it shows that the same is a demand notice u/s 56.  Hence we are of the view that Ext.P1 does not stands in conformity with law and warrants interference of this Commission.

          7.Now in evidence the opposite parties could establish the nature and purpose of the connection entitling them to maintain a legal demand of arrear amount.  But it is not sufficient to prove that Ext.P1 has been issued as per legal mandates.  From the above discussion this Commission finds that Ext.P1 is not proper and we are inclined to cancel the same.  It is also made clear that the argument of opposite parties under the strength Exts.R2 to R5 that a commercial connection need to pay the electricity charge for their actual consumption and  exonerating the consumer from making the payment affects adversely to the public money.  Hence we are inclined to clarify that this order will not stand in way from making legal demand of energy charges from the consumer for the period if any.

          8.In the result complaint  is allowed and hereby cancel Ext.P1 and the opposite parties are directed not to initiate all or any coercive steps under the strength of Ext.P1.  The 1^st and 2^nd opposite parties are hereby directed to pay cost of Rs.1,000/- (Rupees One thousand only)  each to the complainant within one month from the date of receipt of copy of this order.

            Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Commission  this the 16^th    day  of  July 2021.

Sd/-                                                             Sd/-

Sreeja.S                                                       C.T.Sabu                       

Member                                                       President                           

                                      Appendix

Complainant’s Exhibits

Ext.P1 copy of demand notice

Ext.P2 copy of lawyer notice

Ext.P3 Reply notice  dtd. 12/3/12

Complainant’s witness  

PW1- M.A.Joy

Opposite Parties Exhibits 

Ext.R1 Authorization letter dtd. 1/7/2016

Ext.R2 Copy of ledger

Ext.R3 Bill details of Co.No.7877-A

Ext.R4 copy of meter reading

Ext.R5 Copy of arrear details of con.No.7875-A

                                                                                          Id/-

                                                                                      Member