BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD, THIRUVANANTHAPURAM.

PRESENT

SRI. G. SIVAPRASAD : PRESIDENT

SMT. BEENAKUMARI. A : MEMBER

SMT. S.K.SREELA : MEMBER

O.P. No. 78/2003

Dated : 15.06.2009

Complainants:

1. Consumer Vigilance Centre (CVC), Sreekovil, Kodunganoor P.O, Thiruvananthapuram.

    

2. Shanavas, Kollazaikom House, Chiramoola, Kadakkavoor P.O, Thiruvananthapuram District.

Opposite parties:

1. The Assistant Executive Engineer, KSEB, Electrical Major Section, Kadakkavoor, Thiruvananthapuram District.

    

2. The Secretary, KSEB, Vaidyuthi Bhavan, Pattom, Thiruvananthapuram - 4.

(By adv. M. Manikantan)

This complaint is disposed of after the period so specified under the Consumer Protection Act, 1986. Though the case was taken up for orders by the predecessors of this Forum on 29.07.2005, the order was not prepared accordingly. This Forum assumed office on 08.02.2008. This O.P having been taken as heard on 15.05.2009, the Forum on 15.06.2009 delivered the following:

ORDER

SRI. G. SIVAPRASAD: PRESIDENT

The facts leading to the filing of the complaint is that the 2^nd complainant is the consumer of opposite parties vide consumer No. 5217, that the connection is for agricultural purpose, that complainant has paid all the current bills which were served to him and there is no pending bills to be paid by him. On 13.01.2003 complainant was served with a bill for Rs. 4180/- to be paid before 25.01.2003. In the said bill the dues from 10/95 to 11/00 is Rs. 1248/- and surcharge upto 12/02 is Rs. 2,882/-. The said bill is illegal, arbitrary and is made without any basis. Asking to pay the dues with huge interest after a long lapse of 8 years is against the provisions of law prevailing in the state. Penalising the complainant for the fault of the opposite party is unfair trade practice which means deficiency in service. Hence this complaint to quash the bill dated 13.01.2003 for Rs. 4,180/- and to realise compensation of Rs. 5,000/- from the opposite parties.

Opposite parties entered appearance and filed version contending that the 2^nd complainant is not a consumer having consumer No. 5217 under Electrical Section, Kadakkavoor. The said connection has been registered in the name of Smt. R.K. Krishnamma. The consumer has remitted the current charges as per the spot bill from 01/2001 onwards. Consumer is a defaulter of current charges as per provisional invoice card for the period from 10/95 to 11/00. But by oversight the opposite party could not locate this consumer for non-payment of current charges upto 11/00. The consumer was finally located as per the said special drive made from the electrical section concerned in connection with old arrear realisation. It is the responsibility of the consumer to remit the monthly current charges as per the provisional invoice card. Being a defaulter of current charge, the consumer is liable to pay surcharge. Hence opposite party prayed for dismissal of the complaint.

The points that arise for consideration are:-

1. Whether the complainant is entitled to get the bill for Rs. 4,180/- dated 13.01.2003 cancelled?

2. Whether there is deficiency in service on the part of opposite parties?

3. Whether the 2^nd complainant is entitled to get compensation? If so at what amount?

4. Whether the 2^nd complainant is entitled to get cost? If so at what amount?

In support of the complaint, the 2^nd complainant has filed an affidavit of himself as PW1 in lieu of examination in chief and Exts. P1 to P4 were marked. Complainant has not been cross examined by opposite parties. In rebuttal, 1^st complainant has filed affidavit only. Opposite parties did not file documents in support of the version.

Points (i) to (iv):- It is the case of the 2^nd complainant that 2^nd complainant is the consumer of opposite parties vide consumer No. 5217. Opposite parties resisted the complaint by submitting that 2^nd complainant is not a consumer and the service connection vide consumer No. 5217 stands in the name of Smt. R.K. Krishnamma. It is not in dispute that the aforesaid connection is an agricultural connection. Submission by the 2^nd complainant is that he has paid all the current bills which were served to him and there is no pending bills to be paid by him. Ext. P3 is the copy of the bill dated 10.01.2003 for Rs. 50/- issued by opposite parties. Complainant did no produce the receipt concerned showing the payment of the said bill. Ext. P1 is the copy of the arrear notice dated 13.01.2003 for Rs. 4,180/-. As per Ext. P1 complainant was directed to remit the said amount before 25.01.2003. In the said Ext. P1 it is seen recorded that “arrear amount from 10/95 to 11/00 is Rs. 1248/- + S/C upto 12/02 is Rs. 2,832/- and RF is Rs. 100/-. Ext. P2 is the copy of the application addressed to the 1^st opposite party by the complainant requesting him to permit the complainant to remit arrear amount with interest. It is seen admitted by opposite parties in their affidavit that consumer has remitted current charges as per spot bill from 1/01 onwards. Submission by the 1^st opposite party is that the consumer is a defaulter of current charges as per provisional invoice card for the period from 10/95 to 11/2000. Complainant did not furnish the provisional invoice card nor did he furnish any other documents to show that he is not a defaulter nor did the complainant deny the issuance of provisional invoice card. In the absence of any documents in support of payment of current charges, we are of the view that complainant is a defaulter. As per Ext. P2 application sent by the 2^nd complainant he has sought permission of 1^st opposite party to remit arrear amount without interest. As per Ext. P2 complainant has expressed his readiness to pay the current charge of Rs. 1248/-. It is pertinent to note that Ext. P1 demand for Rs. 4180/- includes current charge (arrears) of Rs. 1248/- from 10/95 to 11/00 plus S/C+ RF. Opposite parties did not issue timely demand notice to the complainant during the period 10/95 to 11/00 for the payment of current charge. It is contended by opposite parties that due to ’oversight’ they could not ’locate’ the consumer for non-payment of current charges upto 11/00, that they could finally locate the consumer only on 25.01.2003 as per ’special drive’. It is to be noted that opposite parties have admitted the issuance of spot bill from 01/01 onwards and remittance of the same by the complainant. Ext. P1 arrear bill is seen issued two years after the introduction of spot billing. The action of opposite parties is against the provisions of the Regulations relating to Supply of Electrical Energy. Opposite parties ought to have acted in time to reduce the arrear amount by issuing demand notice without any delay. Since delay in issuance of demand notice was due to opposite parties’ own act, it is not just and proper to direct the 2^nd complainant to pay any surcharge on arrear amount as stated in Ext. P1. At the same time it is required to be highlighted the responsibility of the consumer to remit the monthly current charges as per the provisional invoice card. Evidently complainant did not remit any amount towards current charge prior to the introduction of the spot billing. Consumer cannot be allowed to escape from remittance of current charge under the pretext that opposite parties have not issued timely demand notice. Consumer has no case that he has not used electrical energy from the opposite parties during the said period from 10/95 to 11/00. Consumer has already produced his readiness to pay the current charge excluding the surcharge and RF, as per Ext. P2. In view of the aforesaid discussion and in the light of evidence available on record, we think justice will be well met, if the consumer is allowed to remit the current charge of Rs. 1,248/- only and the consumer is not liable to pay surcharge as per Ext. P1 demand notice since it was not due to the fault of the complainant.

In the result, the complaint is partly allowed. The surcharge of Rs. 2,832/- and RF of Rs. 100/- claimed by the 1^st opposite party as per Ext. P1(BB 11/2002-03dated 13.01.2003) is hereby cancelled whereas the 2^nd complainant shall pay the arrear amount of Rs. 1,248/- as per Ext. P1 to opposite party. There will be no compensation in facts and circumstances of the case. Both parties shall bear and suffer their costs.

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 15^th day of June 2009.

G. SIVAPRASAD,

President.

BEENAKUMARI. A : MEMBER

S.K. SREELA : MEMBER

O.P. No. 78/2003

APPENDIX

I COMPLAINANT’S WITNESS :

NIL

II COMPLAINANT’S DOCUMENTS :

P1 - Photocopy of arrear notice dated 13.01.2003 for Rs. 4180/-.

P2 - Copy of application dated 28.01.2003 addressed to the 1^st opposite party by the complainant.

P3 - Copy of bill dated 10.01.2003 for Rs. 50/- issued by opposite parties.

P4 - Copy of letter dated 18.02.2003 issued by 1^st complainant to opposite parties.

III OPPOSITE PARTY’S WITNESS :

NIL

IV OPPOSITE PARTY’S DOCUMENTS :

NIL

PRESIDENT

 union