Complainant : Agnus Francis, Nadakkavukaran House, Pallikulam
Junction, Anchangadi, Thrissur.
(ByAdv.A.D.Benny, Thrissur)
Respondents : 1. Asst. Secretary, Thrissur Corporation Electricity Wing,
Thrissur Corporation, Thrissur.
2. Thrissur Corporation, rep. by Secretary, Thrissur
Corporation, Thrissur.
(By Adv.Sangeetha Viswanathan, Thrissur)
O R D E R
By Sri.M.S.Sasidharan, Member
The complainant’s case is that she is a consumer of the respondents vide consumer No.6488. The respondents issued a notice dated 24/2/05 to pay Rs.8,783/- as arrears of electricity charges upto 1/01. The complainant used to pay electricity charges regularly. Hence the notice issued by the respondents is an illegal one and no details or reading are given. The amount requested is time barred also. Hence the complaint filed.
2. The respondents filed a counter to the following effect. The electricity connection No.6488 is in the name of the complainant as per the office records. The complainant defaulted the electricity charges during the months of 11/00, 12/00 and 1/01. The additional bills issued on 9/93, 3/94, 3/95, 9/95, 3/97, 9/97 and 3/98 were also not remitted by the complainant. There exists a total arrears of Rs.8,763/- upto 2/01. This is for the charges of electricity consumed by the complainant. So she is liable to pay the dues. Hence dismiss the complaint.
3.The points for consideration are :
1) Is the complainant liable to pay the amount as per Exhibit P1 notice ?
2) Other reliefs and costs ?
4.The evidence consists of Exhibit P1 only. The respondents submitted no evidence. Both the complainant and the respondents did not adduce any oral evidence.
5.The complainant is issued with the Exhibit P1 notice informing her to pay Rs.5783/- as arrears of electricity charges upto 1/01. The complainant used to pay the electricity charges regularly. Hence the complainant claims that the Exhibit P1 notice is illegal and time barred. No reading or details are also given in the notice. The counter statements are that the complainant defaulted the electricity charges for the months of 11/00, 12/00 and 1/01 as per the invoice card when card system was prevailing. Additional bills issued on 9/93, 3/94, 3/95, 9/95, 3/97, 9/97 and 3/98 were also kept unpaid by her. So the total dues comes to at Rs.8783/- for the period upto 2/01. The dues pertains to the electricity consumed by the complainant. So she is liable to pay the amount.
6.The Exhibit P1 notice is issued on 25/2/05 wherein it is informed to pay Rs.8783/- as arrears of electricity charges upto 1/01. In the counter statement the respondents has stated that the complainant defaulted the electricity charges for the months of 11/2000 onwards as well as the additional bills issued from 9/93 onwards. If the complainant failed to pay the additional bill issued on 9/93 why have not any action been taken against the complainant for these periods. No copies of additional bills issued are produced. It can be seen that arrears are with respect to the periods from 9/93 to 1/01. The notice is issued on 24/2/05. As per Section 56(2) of the Indian Electricity Act no sum due from any consumer shall be recoverable after the periods of two years from the date of when such sum became first due unless such sum has been shown continuously as recoverable as arrears of energy for the electricity supplies. The Electricity Act came into force on 10/6/03. and the Exhibit P1 notice is issued on 24/2/05. No evidence is produced to show that the amount requested is shown continuously as recoverable as arrears of charges of electricity. Hence the amount shown in the Exhibit P1 notice is time barred as per Section 56(2) of Indian Electricity Act.
7. In the result the complaint is allowed and the Exhibit P1 notice stands cancelled. There is no order to cost or compensation.
Dictated to the Confdl. Asst., transcribed by her, corrected by me and pronounced in the open Forum this the 12th day of October 2011.
Sd/- M.S.Sasidharan, Member
Sd/- Padmini Sudheesh, President
Sd/- Rajani.P.S., Member
Appendix
Complainant’s Exhibits
Ext. P1 Copy of notice
Id/- Member
