By Smt. C.S. Sulekha Beevi, President,<br /> <br /> <br /> 1. The case of the complainant is that he is a consumer under opposite party for electricity connection to his house. For more than 10 years this house was unoccupied and was partly in a collapsed state. Due to this complainant submitted a request before opposite party in 2/93 for disconnection of the service connection. Complainant did not make any further enquiries. While so, he received a notice of disconnection under Sec.24(1) from opposite party dated, 28-10-02 for Rs.16,653/- claiming arrears of charges from 3/1993 to 9/2002. Complainant challenges this notice and alleges that it is issued without any proper basis. Hence this complaint praying to cancel the said notice and to pay compensation of Rs.15,000/- together with costs of Rs.3,000/-.<br /> <br /> 2. Opposite party has filed version admitting that complainant is a consumer for electricity supply for domestic purpose. This connection was provided under Minimum Guarantee agreement. As per the agreement complainant has to pay the minimum of Rs.336/- per annum for 10 years. Complainant has defaulted payment of this amount from 3/1993 till date. He has not paid the charges as per spot bills from 2001 onwards. The details of amount claimed in the notice is stated in the version. It is submitted that even if the complainant does not consume energy he is liable to pay charges as per the agreement. That this line has not become self remunerative. The notice is issued demanding arrears for the period from 3/93 to 12/2000 as charges as per the agreement as well as the charges as per spot bills from 2001 onwards. The notice issued is proper and legal. There is no deficiency in service.<br /> <br /> 3. Evidence consists of affidavit filed by complainant and Exts.A1 to A3 marked on his side. Opposite party has filed counter affidavit and Ext.B1 marked for opposite party.<br /> <br /> 4. Points for consideration:-<br /> (i) Whether opposite party is deficient in service.<br /> (ii) If so, reliefs and costs.<br /> <br /> <br /> <br /> 5. Point (i):-<br /> Complainant challenges the disconnection notice issued by opposite party for Rs.16,653/- dated 28-10-02 which is produced by him and marked as Ext.A1. In this notice the current charges for the period 3/93 to 9/02 is claimed by opposite party. This amount is Rs.6,723/- and surcharges is Rs.9,830/-. Thus the total amount to be paid along with reconnection fee of Rs.1,00/- is Rs.16,653/-. Complainant contends that the house was unoccupied for more than 10 years due to its; dilapidated condition and that electricity was not consumed during this period. It is also his case that in 2/1993 he had applied to opposite party for disconnection of the service. Ext.A3 is the application by complainant requesting for disconnection of the service. Opposite party denies receiving any such application. There is no evidence to show that Ext.A3 was served upon opposite party. Complainant has no case that he has paid any amount towards electricity during the relevant period.<br /> <br /> 6. It was submitted on behalf of opposite party that the service connection was given as per Minimum Guarantee Agreement and therefore complainant is liable to pay charges as per agreement as well as the charges for the energy consumed. Ext.B1 is the Minimum Guarantee Agreement. Complainant does not deny this agreement. In condition No.2 of Ext.B1 it is stated that the guarantors are liable to pay the amount specified in the schedule of the agreement for a minimum period of 10 years. The amount set out against the name of complainant in the schedule is Rs.336/- per annum. Complainant has totally suppressed this factum of Minimum Guarantee Agreement and liability as per agreement in his complaint. According to opposite party the amount raised in Ext.A1 notice includes the amount payable under the agreement from 3/93 to 12/2000 and also the charges of electricity as per spot bill from 2001. Admittedly complainant has not paid any charges after 2/1992. Ext.B1 agreement is dated, 25-10-1982 and the period of agreement is ten years. Ext.A1 is issued in 28-10-2002. It is crystal clear that Ext.A1 notice is issued for the arrears payable to opposite party. The contention of complainant is that even though he applied for disconnection and has not paid charges opposite party failed to disconnect the connection and dismantle the service. The failure on the part of opposite party in disconnecting the service or dismantling the service does not absolve the complainant from his liability to pay charges. Further the agreement is valid for a period of ten years. Hence the demand raised by opposite party in Ext.A1 is proper and legal. We do not find any merits in this case. Complainant has failed to establish a case in his favour. We hold that complainant is liable to pay the amount as per Ext.A1.<br /> <br /> 7. In the result we dismiss the complaint. Parties are directed to suffer their costs.<br /> <br /> Dated this 7th day of October, 2008.<br /> <br /> <br /> Sd/-<br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> Sd/-<br /> E. AYISHAKUTTY, MEMBER<br /> <br /> <br /> APPENDIX<br /> <br /> <br /> Witness examined on the side of the complainant : Nil <br /> Documents marked on the side of the complainant : Ext.A1 to A3<br /> Ext.A1 : Photo copy of the Notice dated, 28-10-02 issued by<br /> opposite party to complainant. <br /> Ext.A2 : Photo copy of the request dated, 07-11-2002 from<br /> complainant to opposite party.<br /> Ext.A3 : Photo copy of the request from complainant to<br /> opposite party.<br /> Witness examined on the side of the opposite parties : Nil<br /> Documents marked on the side of the opposite parties : Ext.B1<br /> Ext.B1 : Photo copy of the Minimum Guarantee Agreement<br /> <br /> <br /> Sd/-<br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> Sd/-<br /> E. AYISHAKUTTY, MEMBER