By. Sri. K. Gheevarghese, President :

The complaint filed under section 12 of the Consumer Protection Act.

The complaint in brief is as follows:

The Complainant is a consumer of electric connection No.1429 under domestic category. While enjoying the supply of electric energy, the Opposite Party issued an additional bill of Rs.8,255/- for the period from 6/93 to 5/95. Against the demand notice the Complainant filed O.P. 69/95 before this Forum and upon which the Complainant was directed to pay the amount in instalments and a direction was given for issuance of fresh professional invoice card basing on the actual consumption. The terms of the order was not complied . The 1^st instalment was remitted but the Opposite Party failed to act upon the directions of the order. The complainant did not remit Rs.5,255/- the remaining amount which was to be remitted. The Opposite Party disconnected the supply from 1995 February onwards. The complainant was not in use of the building since there was no supply of electricity.

2. On 14.08.2003 the Complainant received a notice for the remittance of Rs.43,988/-. Fearing the eventuality of disconnection, the complainant remitted the 1^st instalment of Rs.12,000/- upon payment of the 1^st instalment the supply was reconnected. The exorbitant amount demanded by the Opposite Party is highly excessive, the rate of interest and the category under which the amount charged are also not correct. The Opposite Party is not how ever having any right to levy higher amount than the fixed charge from 2/95 up to the date of disconnection. The demand of the Opposite Party of Rs.43,988/- in the bill dated 14.8.2003 is also time barred. There may be an order directing the Opposite Party to.

(a) Declare the bill dated 14.08.2003 for Rs.43,988/- not legally due and recoverable.

(b) Not to disconnect the supply of energy till the disposal of the case.

(c) Grant compensation of Rs.5,000/-.

3.The Opposite Party filed version. The sum up of the version filed by the Opposite Party is as follows. The electric connection to the Opposite Party is admitted. The charge liable to be paid by the Complainant is due from 2/95 onwards. The additional bill of Rs.8,255/- was directed to be remitted in four instalments as per the order of this Forum in O P 69/95. The energy meter was changed on 03.05.1995 and professional invoice card was revised complying the order. In effect the order of this Forum was not complied by the Complainant himself. To evade from the payment of current charges the complaint is filed. The notice of dismandle and request to remitt Rs.43,988/- was issued to the Complainant but the amount due was not remitted upon receiving the notice. The Complainant requested for payment of the amount in instalment and the same was allowed by the Opposite Party. After the payment of the 1^st instalments and getting reconnection the Opposite Party time and again repeated the same practice of disputing the demand of the Opposite Party. The notice issued on 14.08.2003 is nothing but the sum up of all the bills and the amount that to be paid by the Complainant according to the provisional invoice card. The contentions of the Complainant that the amount demanded is excessive and baseless are disagreeable. The amount of Rs.17,160/- shown in the notice is the grand total of all the bills pending from 2/95 to 7/2003. The dismantling notice and the amount demanded are as per provisions and hence the complaint is to be dismissed directing the petitioner to clear the pending arrears.

4. The points in consideration are.

1. Is there any deficiency in service?

2. Relief and cost.

    

5. Point No.1:- The Complainant is examined as PW1. Ext.A1 to A12 are marked for the Complainant. The Opposite Party filed affidavit in chief, Ext.B1 to B3 are marked from the side of the Opposite Party.

6. The case of the Complainant is that the Opposite Party has given the Complainant the notice of demand for the payment of Rs.8,285/- subsequently the amount demanded was allowed to be paid any instalments and as per which the 1^st instalment of Rs.3,000/- remitted. The Complainant has not remitted the remaining portion of the amount. The supply of electricity was disconnected later. The Complainant was again given an another notice dated 14.08.2003 to pay Rs.43,988/-. The amount demanded by the Opposite Party are not based on reasons. The Complainant was also given the facility of the payment in instalments. The 1^st instalment Rs.12,000/- was remitted on 28.08.2003. The disconnected supply of electricity was reinstated. The Opposite Parties contented that the Complainant is issued the notice of demand towards the amount liable to be paid. The Complainant is in the habit of disputing the amount in the bill issued the instalment directions given to the Complainant was also misused. The Complainant filed O.P 69/95 in which it was ordered to install a new meter and a provisional invoice card was directed to be issued the arrears of electricity charge due from the Complainant was directed to be remitted in instalments. The Complainant remitted the 1^st instalment of Rs.3,000/- and the balance amount which is to be remitted in instalment were not paid by the Complainant. Ext.A1 is the notice issued to the Complainant for the remittance of Rs.43,988/- in the consumer No.1429, following this bill issued to the Complainant the Opposite Party had given an instalments facility for the payment of the amount in 4 instalment as the dates given. It is found that the Complainant has remitted Rs.12,000/- on 27.8.2003 and Rs.7,000/- remitted on 10.10.2003. Ext.A10 is the detail issued to the Complainant by the Senior Superintendent and Public Information Officer, Electrical Section Office, Kalpetta. According to this document in the detail of remittance Rs.5,500/- was not found to be remitted in the consumer No.1429. The Complainant had remitted that amount as per Ext.A11. It is also admitted that towards the pending bill amount the Complainant remitted Rs.24,500/-. The Opposite Party substituted faulty meeter with a new one. The amount demanded from the Complainant as per Ext.A1 is Rs.43,988/- in the Consumer No.1429/- . Towards this pending bill amount the Complainant remitted Rs.24,500/-. The Complainant found to be not remitted the amount though the instalments were given and the part of the amount demanded in the bill was remitted. It is admitted by the Opposite Party that the provisional invoice card is given to the Complainant basing on the consumption of the energy. How ever the amount remitted was not fully accounted by the Opposite Party in the consumer number and the subsequent payment by the Complainant towards the bill dated 14.8.2003. and the point No.1 is found accordingly.

7. Point No.2:- The Opposite Party already admitted that the Complainant remitted Rs.24,500/- towards the bill dated 14.8.2003 of Rs.43,988/-. The Complainant is to be issued a bill afresh deducting the amount remitted with 9% interest from the 8/2003 till the date of issuance of the bill. The Opposite Party has to collect the amount in three bimonthly instalments from the Complainant.

In the result, the complaint is partly allowed. The Opposite Party is directed to issue the Complainant a bill afresh for the payment of the balance amount deducting the amount remitted by the Complainant. The Opposite Party is also directed to give the Complainant the facility of making the payments in three bimonthly instalments from the date of issuance of the bill afresh. The Opposite Party is also entitled to impose an interest at the rate of 9% from 8/2003 onwards till the date of issuance of the bill afresh. The Opposite Party has to comply with this order within one month from the date of receiving this order and there is no order upon costs and compensation.

Pronounced in open Forum on this the day of 21^st January 2009.

PRESIDENT: Sd/-

MEMBER- I: Sd/-

MEMBER-II: Sd/-

A P P E N D I X

Witnesses for the Complainant :

PW1 M. K. Mathew Complainant

Witnesses for the Opposite Parties :

OPW1 Sivarajan M.S Assistant Engineer, Mananthavady.

Exhibits for the Complainant :

A1. Notice dt. 14.08.2003

A2. Proceedings of the Assistant

Executive Engineer KSEB, Kalpetta dt. 27.08.2003

A3. Photo copy of Complaint dt. 27.08.2003

A4. Receipt dt. 27.08.2003

A5. Receipt dt. 3.05.1995

A6 Order issued by the CDRF Wayanad

in OP 69/Wyd/ 95 dt. 14.09.1995

A7. Letter issued by Senior Superintendent & Public

Information Officer Electrical Section Office, Kalpetta.

A8.(2 sheets) Photo copy of meter reading Register

A9(3 sheets) Consumer's Bimonthly meter reading Register.

(Page No. 56,62,165) (Photo copy)

A10(3 sheets) Reply given by the KSEB, under the Right to

Information Act. dt. 13.03.2008

A11 Photo copy of Receipt dt. 13.07.2006.

A12.(3 sheets) Photo copy of reply given by the KSEB,

under the Right to Information Act. dt.13.03.2008

Exhibits for the Opposite party :

B1. Meter Reading Register.

B2. Carbon copy of the spot bill No.15026 dt.8.09.2008

B3. Meter Reading Register.