29th day of November 2014
OP.1306/04 filed on 13/10/04
Complainant: Jose.C.D., Honey Dew, Civil Line Road, Ayyanthole,
Thrissur.
(By Adv.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.M.Vinod, Thrissur)
O R D E R
By Smt.Padmini Sudheesh, President:
The case is that the complainant has an electric connection and is a consumer of respondents. He is conducting the firm exclusively for the purpose of livelihood by means of self employment. The respondents disconnected the power supply without any notice. When contacted with respondents they issued a rough account to pay the amount. The respondents wanted to pay Rs.15,221.40. The complainant is not liable to pay any amount. Hence the complaint.
2. The counter averments in brief are that the complainant failed to pay the amount as per card system from 4/92 to 3/01. The additional bills amount were also failed to pay by complainant. The total arrear upto 3/01 is Rs.15,221/-. The connection is commercial one and complainant is making profit. So the complainant is not a consumer as per Consumer Protection Act. The connection stands in the name of CC.Chakkappan and not in the name of consumer. There is no deficiency in service committed by respondents. Hence dismiss.
3. Points for consideration are that :
1) Whether there was any deficiency in service committed by respondents?
2) If so reliefs and costs?
4. Evidence consists of oral testimony of PW1 and Exhibits P1 to P3.
5. Points: The complainant is challenging Exhibit P1 issued by respondents. Exhibit P1 is a rough small piece of calculation statement issued by respondents to complainant. As per this small piece of paper the complainant was wanted to pay Rs.17,914/-. According to complainant it is illegal and baseless. We have no words to explain Exhibit P1. How the respondents dared to issue such kind of papers to consumers is to be explained by them only. The electricity wing of Thrissur Corporation is to be acted as per Indian Electricity Act and the other connected rules and regulations with regard to electricity. What is the provision empowering respondents to issue Exhibit P1 is to be explained by them. There is no discussion necessary about the invalidity and illegality of Exhibit P1. The complainant stated that it is a
‘ ‘. There is no provision in Indian Electricity Act or in the Conditions of Supply of Energy empowering Thrissur Corporation to issue papers like Exhibit P1. It is found grave deficiency in service committed by respondents. So they are liable to pay compensation to complainant.
6. In the result the complaint is allowed and Exhibit P1 stands cancelled. The respondents are directed to pay Rs.5,000/- (Rupees Five thousand only) as compensation to the complainant within a month from the date of receipt of copy of this order.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the 29th day of November 2014.
Sd/- Padmini Sudheesh, President.
Sd/-
Sheena.V.V, Member.
Sd/-
M.P.Chandrakumar, Member
Appendix
Complainant’s Exhibits:
Ext.P1 Calculation in a piece of paper
Ext.P2 Bill
Ext.P3 Receipt
Complainant’s witness :
PW1 – Jose.C.D.
Id/-
President
