By Sri.M.S.Sasidharan, Member
The complainant’s case is that the complainant firm is being undertaken for the purpose of earning their livelihood. He holds an electric connection in the firm vide consumer No.51 and thereby he became a consumer of the respondents. The complainant used to pay the electricity bills promptly without making any dues. However the complainant received a notice dated 21/2/05 from the respondents informing him to pay Rs.69,387/- as arrears of electricity charges. But the details given are false and baseless. It is also threatened that the supply would be disconnected if the amount is not paid before 28/2/2005. Since he is not liable to pay any dues the complaint filed.
2. The respondents called absent and set exparte.
3. The complainant filed affidavit and Exhibit P1 to P4 documents to prove his case.
4. The complaint is filed against the Exhibit P1 notice. As per this notice the complainant is asked to pay Rs.69,387/- as arrears of electricity charges upto 2/01. But the complainant has stated that he used to pay the electricity charges regularly and promptly. No amount is due from him.
5. The disputed Exhibit P1 notice is perused. The notice is issued on 28/1/05 and the period of arrears of electricity charges is stated in the notice as upto 2/01. Exhibit P2 is the electricity bill issued on 3/1/2005 and the respondents have received the amount. However no arrear amount is stated in the Exhibit P2 bill. Hence the Exhibit P1 notice is hit be Section 56(2) of the Indian Electricity Act. Hence it is liable to be set aside.
6. There is no evidence to the contrary.
7. In the result the complaint is allowed and Exhibit P1 notice is set aside. Order issued in IA.254/05 dated 1/3/05 is made absolute.
Dictated to the Confdl. Asst., transcribed by her, corrected by me and pronounced in the open Forum this the 26th day of September 2012.
