Complainant continuously absent. Dismissed. Dated this 27th day of September, 2008. Sd/- C.S. SULEKHA BEEVI, PRESIDENT Sd/- MOHAMMED MUSTHAFA KOOTHRADAN, Sd/- MEMBER E. AYISHAKUTTY, MEMBER DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MALAPPURAM (Present: Smt. C. S. Sulekha Beevi, President, Smt. E. Ayishakutty, Member, Sri. Mohammed Musthafa Koothradan, Member)
Date of filing: 26-5-2009 Date of Order: 03-3-2010 C.C.No.114/08 1. Theyyakutty, S/o Mundan, 70 years ) Thazhathuveettil, Kooriyad P.O., ) Malappuram. ) ) 2. Suresh Babu, S/o Theyyakutty, 41 years, ) Complainants Thazhathuveettil, Kooriyad P.O., ) Malappuram. ) ) (By Adv. P.R. Madhusoodhanan, Malappuram) )
Vs
1. Assistant Engineer, Electrical Section, ) Kerala State Electricity Board, ) Vengara – 676 304 ) ) 2. Secretary, ) Opposite parties Kerala State Electricity Board, ) Thiruvananthapuram. ) ) (By Adv. K. P. Sumathi, Malappuram) )
ORDER By Smt. C. S. Sulekha Beevi, President,
1. Complainants who are father and son are consumers under opposite party for the supply of electricity to their house. They used to pay the regular current bills. While so, the post from which supply was provided to the house of the complainant had to be shifted on the request given by his neighbours V.T. Sreedharan and Ganesh. On 17-5-2008 opposite party issued a demand notice to the complainant to pay Rs.3,509/- towards work charges of shifting the post. Complainant issued a letter to opposite party stating that he is not liable to pay the amount. To this opposite party replied on 23-5-2008 stating that the post from which supply is provided to the house of the complainant is situated in the middle of the property owned by Ganesh and that the post was causing obstruction to the construction of house of Ganesh. That such line was drawn without the consent of Sri. Madhavan who was the previous owner of the property and that the complainant is therefore liable to pay the expenses of shifting the post from which supply is provided to his house. In the notice it was stated that in default to pay the amount the supply will be disconnected. Complainant alleges deficiency in service contending that he is not liable to pay the amount. 2. Opposite party filed version admitting that complainant is a consumer under opposite party for domestic purpose. It is also admitted that two notices were issued to the complainant demanding Rs.3,509/- towards work deposit for shifting the post. Opposite party submits that the post from which supply is provided to the complainant's house is situated in the middle of the property belonging to Ganesh who is the neighbour of the complainant. The post and service line caused obstruction to the construction of house in the property. As the post and service line was drawn without the consent of the previous owner of the property, the complainant is liable to bear the expenses for shifting the post. That in the service agreement executed by the complainant with opposite party (Board) it is stated that in case the line has to be shifted or altered later due to any reason the consumer will have to bear the expenses. That the amount was demanded as per law and complainant is liable to pay the same. That there is no deficiency in service. 3. Evidence consists of the proof affidavit filed by second complainant and Exts.A1 and A2 marked for him. Opposite party field counter affidavit and Ext.B1 marked for opposite party. 4. The grievance of the complainant is that he is not liable to pay the expenses for shifting the post. It was submitted on behalf of the complainant that the complainant had no need to shift the post and therefore the expenses cannot be burdened upon him. It is his contention that the person who is in need for shift of the post has to shoulder the expenses. 5. Opposite party mainly relied on Ext.B1 which is the specimen of the book let issued on payment of Rs.25/- to those who intend to apply for electricity supply. This booklet contains the various forms prescribed for application for various service connections. A person who intends to apply for supply has to adopt the specimen of these forms given in the booklet. In page 41 of Ext.B1 the specimen form of service agreement is given. There are several conditions in the agreement. In condition No.7 it is clearly stated that in case the service line drawn for giving connection to the consumer has to be alter or deviated for any reason at a later stage, the expenses of such work will have to be met by the consumer. Opposite party submitted that notice to pay Rs.3,509/- was issued basing upon this condition in the agreement. On perusal of Ext.A1 notice issued by opposite party demanding Rs.3,509/- it is seen that Rs.2,368/- is demanded from V.T.Sreedharan who has requested for the shifting of the post. Thus opposite party has split the total expenses of shifting the post and drawing new service line upon the consumers depending upon the cost needed to draw new line for supply of electricity to each consumer. The entire work charges was not demanded from complainant. The conditions in the service agreement are binding on all consumers who avail supply. We have no hesitation to hold that opposite party had issued Ext.A1 demand notice on proper and legal basis. We do not find any deficiency in service. Complainant is liable to pay the amount of Rs.3,509/-. However, considering the request of the counsel for complainant opposite party is directed to give interest free instalment facility of three monthly instalments to the complainant for payment of the amount. Any interest chargeable upon the amount shall also be waived. 6. The complaint is dismissed with the above direction to opposite party. No costs.
Dated this 3rd day of March, 2010.
Sd/- C.S. SULEKHA BEEVI, PRESIDENT
Sd/- MOHAMMED MUSTAFA KOOTHRADAN, Sd/- MEMBER E. AYISHAKUTTY, MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil Documents marked on the side of the complainant : Ext.A1 and A2 Ext.A1 : Notice dated, 17-5-2008 from opposite party to complainant. Ext.A2 : Carbon copy of the notice dated, 17-5-2008 from opposite party to complainant. Witness examined on the side of the opposite parties : Nil Documents marked on the side of the opposite parties : Ext.B1 Ext.B1 : Booklet from opposite party.
Sd/- C.S. SULEKHA BEEVI, PRESIDENT
Sd/- MOHAMMED MUSTAFA KOOTHRADAN, Sd/- MEMBER E. AYISHAKUTTY, MEMBER
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