15/12/2011.
O R D E R
By Smt.Rajani.P.S., Member
The complainant’s case is as follows: The complainant is a consumer of the respondents vide consumer No.8347-C. The said connection is availed to a hotel. He is conducting the said hotel for earning his livelihood by means of self employment. He regularly paid for the electricity charges. But he received a calculation statement dated 17/2/05 for remitting Rs.20,312/-. The respondents demanded an illegal amount before 1997. There is no meter readings recorded in the calculation slip. The amount demanded is time barred and on experimental basis. The respondents threatened to disconnect the supply if the above said amount is not paid. The above said act of the respondents show deficiency in service. Hence the complaint.
2. The counter filed by the respondents : The complaint is not maintainable as the complainant had not approached for remedy as per the Indian Electricity Act 1910, the Electricity Supply Act 1948, Regulations relating to the conditions of supply of Electrical Energy and Kerala Municipality Act 1994. The complainant also gets relief under the Electricity Act 2003 and the Electricity Supply Code and it is not imposed in Kerala and if imposed KSEB will not exist. Now KSEB is existing. This respondent is liable for the rules which are also applicable to KSEB. This respondent is working as per the direction of KSEB. So the above said Act and Code is not applicable to this respondent. The limitation is also not applicable to this respondent. If the Act is applicable to this respondent Forum has no power to deal with the case as per Section 145 of the said Act. The amounts due to Municipality are not affected by the bar of limitation. The demand made by the respondent by virtue of impugned demand notice is not hit by the Section 539 of Kerala Municipality Act and the decision regarding Hon’ble Supreme Court reported in AIR 1997 SC is also applicable in this case. So the respondents can very well proceed for the recovery of the arrears of energy consumed and the bills are not time barred. This respondent has no right to accept any complaint without payment of arrears as per the regulation 32 of conditions of supply. It is true that an arrear notice was issued in the name of the complainant for consumer No.8347-C and the said notice is not illegal. It is false that he is a prompt consumer. Card system was prevailed before the spot billing in 3/2001. So the regular bills and additional bills were issued as per the card. The said notices were issued in respect of monthly current charge dues from 4/96 to 3/97 and 4/99 to 2/01 and also for the additional bill dues for 3/95, 9/95, 3/96, 3/97, 9/98, 3/99, 9/99, 3/00 and 9/00. There is a due amount of Rs.19117/- and interest till 2/2001. The complainant’s connection comes under VII B commercial tariff and hence the complainant is not a consumer and has no right o file a complaint before the Forum. He is conducting hotel for making profit and hence not maintainable here. There is no deficiency in service on the part of these respondents. Hence dismiss.
3. Points for consideration :
1) Whether the complainant a consumer as per Consumer Protection Act?
2) If so was there any deficiency in service on the part of the respondents ?
3) Reliefs and costs ?
4. The evidence consists of Exhibits P1 and P2 and the oral testimony of PW1. No evidence adduced by the respondents.
5. The complainant’s case is that he is running a hotel using the electricity supplied by the respondents for earning his livelihood by means of self employment. The respondents contention is that the complainant’s connection comes within the VII B commercial tariff and had given application for the purpose of conducting sale. So he is not a consumer as per Section 2(1)(d) of the Consumer Protection Act. PW1 deposed that he was conducting a hotel before 4 years and it had no name. Meals were served but no employees. So from the words of PW1 it is made clear that he was running the hotel by himself without the assistance of any employees. If the hotel was a big one it will surely have a name and so many workers also. PW1 also deposed that now he is conducting a tea shop using this connection. The respondents never produced any documents to disprove the words of the complainant. Therefore it is proved that the complainant was running the hotel not for a commercial purpose and hence he comes under the purview of a consumer under section 2(1)(d) of Consumer Protection Act.
6. The complaint was filed to cancel the bill issued by the respondents and there by not to disconnect the supply. The complainant’s case is that he paid the electricity charges regularly. Being a prompt consumer the bills issued by the respondents dated 17/2/05 for Rs.20312/- for a period before 1997 is illegal and time barred.
7. The respondents in their counter stated that the impugned notices and bills are not time barred and was issued for the actual energy consumed by the consumer. Exhibit P1 is the calculation statement issued by the respondents and which shows that the arrear amount was demanded from 1997-98 and upto 2000-2001 and it was dated 17/2/05. Evidently as per section 56(2) no sum due from any consumer shall be recoverable after the period 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 charges for electricity supplied. Hence ExhibitP1 notice has been issued for the period not recoverable as per section 56(2) of the Electricity Act, 2003 that came into force on 10/6/03. There is no case that it has been shown continuously as recoverable as arrears of charges of electricity. Hence we find the respondents are not entitled to claim the amount vide section 56(2).
8. In the result the complaint is allowed and the Exhibit P1 statement stands cancelled.
Dictated to the Confdl. Asst., transcribed by her, corrected by me and pronounced in the open Forum this the 15th day of December 2011.
Sd/-
Rajani.P.S., Member
Sd/- Padmini Sudheesh, President
Sd/-
M.S.Sasidharan, Member
Appendix
Complainant’s Exhibits
Ext. P1 Copy of Calculation statement
Ext. P2 Copy of receipt
Complainant’s witness
PW1 – M.V.Karunakaran
Id/-
Member
