Kerala

Wayanad

CC/08/48

Krishnankutty, S/O Sanku, Aloonkal House, Chootupara post, Purakkadi village, Wayanad - Complainant(s)

Versus

Asst. Engineer, Electrical Section Meenagadi, Wayanad - Opp.Party(s)

Bineesh P.D

31 Jul 2008

ORDER


CDRF Wayanad
Civil Station,Kalpetta North
consumer case(CC) No. CC/08/48

Krishnankutty, S/O Sanku, Aloonkal House, Chootupara post, Purakkadi village, Wayanad
...........Appellant(s)

Vs.

Asst. Engineer, Electrical Section Meenagadi, Wayanad
Secretary, KSEB Vydhuthibhavan, Thiruvanthapuram
...........Respondent(s)


BEFORE:
1. K GHEEVARGHESE 2. P Raveendran 3. SAJI MATHEW

Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):




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ORDER

y Smt. Saji Mathew, Member: The gist of the case is as follows: The complainant is a consumer of electric connection with Consumer. No. 3613 with the opposite party. The connection was given on 14.1.05 and the complainant was duly paying the spot bills issued by the opposite party. There is no arrears to be paid by the complainant. On 31.12.07 the opposite party has issued a notice demanding the complainant to remit an amount of Rs.11,199/- as arrears for the period from 5 /2003 to 3/07. The connection was given only on 14.1.05. The opposite party is demanding payment even for the period when the connection was not in effect. So there is deficiency in service on the part of the opposite party. The complainant therefore prays for an order canceling the additional bill and allowing compensation to the complainant. 2. The complainant filed proof affidavit and Ext. A1 series and A2 are marked on the side of the complainant. The Opposite party has not appeared and hence set exparte. 3. Hence the points for consideration are as follows: (1) Whether there is any deficiency in service on the part of the opposite party.? (2) Whether the complainant is entitled for any relief. 4. Point No.1: The complainant's contention that the connection was given on 14.1.2005 was not rebutted by the complainant. The Ext. A1 series receipts shows payment during the period of 05 and 07. Ext. A2 bill is for the period from 5/03 to 3/07 amounting to Rs.7,567/- and a penal interest of Rs.3,632/- is added to that. The Ext. A1 series receipts shows payments during the period from 2005 to 2007. And the opposite party has no right to demand an additional bill when they are issuing regular bimonthly spot bill based on the actual consumption of the consumer. Here speculative additional bill is issued by the opposite party. This amount to deficiency in service. 5. Point No.2: the complainant is entitled to get the bill canceled. He is also entitled to get the cost of the petition. Hence the disputed bill for Rs.11,199/-( Rupees Eleven thousand one hundred and ninety nine only) is quashed. The opposite party is directed to pay Rs.500/- (Rupees five hundred only) as cost of the petition to the complainant. Pronounced in the open Forum on the day of 31st July, 2008. PRESIDENT: Sd/- MEMBER: I Sd/- MEMBER: II Sd/- /True copy/ Sd/- PRESIDENT, CDRF, WAYANAD. APPENDIX: Witness examined for Complainant: Nil Witness examined for opposite parties: Nil Exhibits marked for complainant: A1 Series Electricity bills No.19 A2 Notice Dt.31.12.2007 Exhibits marked for opposite party: Nil




......................K GHEEVARGHESE
......................P Raveendran
......................SAJI MATHEW