D.o.F:25/3/08<br /> D.o.O.22/9/08<br /> IN THE CONSUMER DISPUTES REDRESSAL FORUM KASARAGOD<br /> CC.NO.30/08<br /> Dated this, the 22nd day of September 2008<br /> <br /> PRESENT:<br /> SRI.K.T.SIDHIQ : PRESIDENT<br /> SMT.P.RAMADEVI : MEMBER<br /> SMT.P.P.SYAMALADEVI : MEMBER<br /> <br /> A.Ratnakaran,<br /> S/o N.Kelu Nair,<br /> Sreenilayam, Thadathil, : Complainant<br /> Haripuram, Po.Kasaragod. <br /> <br /> Asst.Engineer,<br /> Electrical Sub Division, <br /> KSEB,Mavungal, : Opposite party<br /> Anandashram.Po,<br /> Kasaragod. <br /> <br /> ORDER<br /> SRI.K.T.SIDHIQ: PRESIDENT<br /> <br /> The case of the complainant Ratnakaran is as follows:<br /> Ratnakaran is the son of A.Narayani Amma who is an electricity consumer under opposite party Asst.Engineer Electrical Sub Division KSEB, Mavungal. According to him, he filed the application of his mother before the opposite party on 12/9/05 to disconnect the electricity connection No.2900 RLP. But it was disconnected and dismantled only after 11/2 years in November 2006. He has to approach opposite party for this purpose several times. After the application for disconnection , he has not consumed any electricity. But he received a notice of demand prior to revenue recovery proceeding claiming Rs.1409/- towards the due for the electricity charges with fine and rent for the meter. So he paid the said amount in the village office. According to complainant, the actual due as on 12/9/05 was Rs. 160/-. But he has to pay Rs.1249/- due to the deficiency on the part of opposite party and it caused much mental agony to him and to his family. Therefore, the complaint claiming the refund of said amount of Rs.1249/- and Rs.1500/-, he lost for running after this issue by availing leave. He further claims Rs.10,000/- towards the mental agony suffered by him and his family.<br /> 2. According to opposite party from 7/05 onwards the consumer was a defaulter of current charges. Disconnection notice was issued to the consumer and dismantled the connection on 24/11/06 due to nonpayment of current charges. The allegations that the consumer approached to disconnect service connection on 12/9/05 is not correct. No such application is filed. In order to disconnect the connection, the consumer has to clear all the dues and it is the case of opposite party that they cannot disconnect the service connection if the consumer has not cleared the current charges and the arrears were pending from 12/7/05 onwards.<br /> 3. Complainant tendered evidence as PW1 and Exts.A1 to A3 marked . For opposite party, Sri.Vinod Kumar, Asst.Engineer, KSEB Mavungal filed affidavit reiterating what is stated in the version.<br /> 4. Ext.A1 is a receipt dtd.12/7/05 evidencing payment of Rs.10/- in the office of opposite party. According to complainant, this payment is made along with the application for disconnection. Ext.A1 also proves that at the time of payment a sum of Rs.169.80ps. was outstanding towards current charges from consumer. But according to opposite party, since current charges are due from consumer, the connection is not disconnected at that time. Ext.A2 is the receipt issued by Village Officer, Pullur village dtd.29/2/08 for payment of Rs.1409/-. Out of which Rs.1168/- is towards the principal amount and Rs.170/- is towards interest. Ext.A3 is the reply dtd.29/2/08 for the information gathered by the complainant under Right Information Act regarding the arrears of current charges due in the consumer No.2900/RLP pending in the name of his mother. In Ext.A3, opposite party states that Rs.160/- was due as on 12/7/05 in consumer no.2900/RLP towards electricity charges.<br /> <br /> 5. The contention of opposite party that the consumer has not filed any application for disconnecting the electricity is not appears to be correct in view of Ext.A1. Opposite party has failed to explain the reason for acceptance of Rs.10/- as per Ext.A1 dtd. 12/7/05. The further contention of opposite party is that the electricity connection will not be disconnected during the pendency of current charges also supports the case of complainant that he filed the petition on 12/7/05 to disconnect the electricity connection and in Ext.A1 a sum of Rs.169.80ps is shown as outstanding.<br /> 6. The opposite party has failed to explain why the dues are not recovered and the connection is not dismantled till 24/11/06. This is in violation of Reg.38(1)(g) and Reg.38(4) of Terms and Condition of Electric Supply 2005. As per which, the connection ought to have been disconnected, if there is any amount due and it should have been dismantled after 6 months of disconnection. But nothing is seen done. Moreover, revenue recovery proceedings were initiated for the recovery of arrears of current charges accrued till 24/11/06. This is a gross deficiency in service to which the opposite party is liable under Consumer Protection Act. <br /> 7. The non disconnection of electrical connection even after getting request for disconnection after accepting the outstanding dues and the initiation of RR proceedings for the amount which is legitimately not due is certainly cause mental agony and embarrassment to any consumer. Definitely, complainant is entitled to get compensation for this mental agony.<br /> Therefore, we allow the complaint and the opposite party is directed to refund Rs.1249/- received from consumer No.2900/RLP with a compensation of Rs.2000/- and cost of Rs.1000/-. Time for compliance is 30 days from the date of receipt of copy of the order. Complainant being the beneficiary of said consumer number is entitled to receive the said amount from the opposite party.<br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> Exts.<br /> A1-dt.12/7/05 receipt of Rs.10/-<br /> A2-dt.29/2/08-receipt issued by V.O. of Pullur village<br /> A3-reply of information in R.I.Act.<br /> PW1-Ratnakaran-complainant<br /> <br /> MEMBER MEMBER PRESIDENT<br /> eva <br />