BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD, THIRUVANANTHAPURAM.

PRESENT

SRI. G. SIVAPRASAD : PRESIDENT

SMT. BEENAKUMARI. A : MEMBER

SMT. S.K.SREELA : MEMBER

C.C. No. 186/2005 Filed on 10.06.2005

Dated : 30.07.2010

Complainant:

Dr. S. Kailasom, S/o Sivalinga Nadar, Siva Sri Sadanam, Vellarada, Thiruvananthapuram.

(By adv. S.R. Thankaraj)

Opposite parties :

1. Assistant Engineer, KSEB, Vellarada.

    

2. Secretary, KSEB, Vaidyuthi Bhavan, Pattom, Thiruvananthapuram.

(By adv. B. Sakthidharan Nair)

This complaint is disposed of after the period so specified under the Consumer Protection Act, 1986. Though the case was taken up for orders by the predecessors of this Forum on 21.04.2006, the order was not prepared accordingly. This Forum assumed office on 08.02.2008. This O.P having been taken as heard on 30.04.2010, the Forum on 30.07.2010 delivered the following:

ORDER

SRI. G. SIVAPRASAD: PRESIDENT

The facts leading to the filing of the complaint are that complainant is a consumer of electricity from the opposite parties vide consumer No. 8945, that the connection is under LT VI B, that the supply has been used for pumping water from a well, that complainant has been regularly remitting the charges under the invoice issued by the opposite party, that there was no pending dues or arrear bill from the complainant to opposite party, that the last bill was given on 11.05.2005. Thereafter opposite parties issued notice dated 31.05.2005 stating that there is an arrear amount of Rs. 26,231/-, that the said bill did not disclose the details of electric energy consumed by the complainant. Complainant is not liable to pay any amount as alleged in the notice. Hence this complaint to direct opposite party to cancel the amount of Rs. 26,231/-vide notice dated 31.05.2005 and pay compensation along with costs to the complainant.

Opposite party filed version contending that complainant was paying current charges regularly upto 01/98. Complainant defaulted in paying the current charges with effect from 02/98 to 11/2000, that the current charge with interest accumulated to an amount of Rs. 26,646/-, that till the introduction of spot billing complainant remitted current charges as per provisional invoice card. Opposite party issued a letter dated 31.05.2005 informing the complainant that an amount of Rs. 26,231/- is pending towards arrear of current charges including interest. That complainant is legally bound to remit arrears and interest thereon, that complainant failed to produce the receipts of the disputed current charges against the letter issued from the opposite party's office, though complainant was asked to submit a petition before the Adalath conducted by opposite parties to redress his grievance, he did not submit the petition, that he was so adamant in saying that he was not liable to pay any arrears. There is no violation of any law on the part of opposite parties, that Hon'ble High Court has held that in so far as the consumption charges which had been failed to be collected the provisions of Limitations Act will not apply as such complainant is liable to pay that amount. Hence opposite party prayed for dismissal of the complaint.

The points that arise for consideration are:-

1. Whether the complainant is entitled to get the invoice dated 31.05.2005 cancelled?

2. Whether there is deficiency in service on the part of the opposite parties?

3. Whether the complainant is entitled to compensation and costs?

In support of the complaint, complainant has filed affidavit and has marked Exts. P1 to P7. Opposite party has filed affidavit and has marked Exts. D1 to D3 series.

Points (i) to (iii):- Admittedly, complainant is a consumer of opposite parties under LT VI B tariff. It has been the specific case of the complainant that there is no pending dues or arrear bill from the complainant to opposite party and that the last bill dated 11.05.2005 was paid on 25.05.2005. After the remittance of the said amount, opposite party issued a notice dated 31.05.2005 to the complainant informing him to pay an arrear amount of Rs. 26,231/-. According to complainant the bill does not disclose the details of electrical energy consumed by the complainant supported with meter reading etc. The amount mentioned in the notice is without any basis, wholly arbitrary and illegal and also not binding the complainant since it is barred by limitation. Ext. P1 is the bill dated 11.05.2005 for Rs. 555/- which is seen remitted on 25.05.2005. Ext. P2 is a letter dated 27.09.2004 addressed to the complainant by the opposite party informing him that an arrear amount of Rs. 24,574/- is still outstanding against him as current charges. By the said Ext. P2 complainant was directed to remit the aforesaid amount within 15 days failing which service connection will be disconnected without further information. Ext. P3 is the copy of the letter dated 11.10.2004 from opposite party to complainant informing him to produce the receipts as evidence within 7 days. Ext. P4 is the copy of letter dated 19.10.2004 by opposite party to complainant informing him that if complainant fails to produce the receipts within the stipulated period, the service connection will be disconnected without further notice. Ext. P5 is the copy of the letter dated 31.05.2005 sent by opposite party to the complainant informing him that if complainant seeks any concession he will have to file an application before the Electricity Adalath within 15 days from the date of notice. Ext. P6 is the copy of the letter from the complainant to the Principal Secretary, Power and Electricity Department, Secretariat. Ext. P7 is the copy of the letter dated 25.10.2004 from the complainant to Assistant Engineer, KSEB Electrical Section, Vellarada stating that as per KSEB Act, there is no provision for disconnection while paying the bill regularly without fail in time. Complainant has not furnished any receipts showing the remittance of bill amount from 02/98 to 11/00. It is admitted by opposite parties that complainant had paid bill amount upto 01/98 and complainant committed default from 02/98 to 11/00, the defaulted amount includes current charges and interest thereon. According to opposite parties current charges during the defaulted period comes to Rs. 10,359/-, interest for the said amount comes to Rs. 16,287/- + R.F 100. It is the specific case of the opposite parties that complainant was remitting amount as per Provisional Invoice Card till the introduction of spot billing and spot billing came into effect from 01/2001. Accordingly opposite parties visited the premises of the consumer for taking meter reading for issuing bill to the consumer. It is further submitted by opposite party that the bill given on 11.05.2005 for an amount of Rs. 555/- was remitted by the complainant. The onus is upon the complainant to show that he has remitted current charges from 02/98 to 11/2000. There is no point in dispute regarding the payment of current charges after 11/00. Ext. D1 is the copy of the demand register for slab and provisional card consumers. Ext. D2 is the copy of service connection to consumer No. 8945. Ext. D3 is the copy of the sale register. Opposite party has relied on the decision of Hon'ble High Court of Kerala 2006(1) KLJ 440, wherein it was held that “Legislature never wanted that provision to operate retrospectively. Under such circumstance Board is right in its contention that the amount due from the consumer prior to the coming into force of the Electricity Act, 2003 could be recovered by revenue recovery proceedings since no time limit has been prescribed. Sec. 56(2) of the Act states that no sum due from any consumer under this Sec. shall be recoverable after the period of two years from the date when such sum became first due unless such sum has been shown continuously as recoverable as arrears of charges for electricity supplied and the licensee shall not cut off the supply of electricity. Sec. 56(2) in our view is applicable only to amounts due after commencement of this Act. The demand of interest at the rate of 24% is exorbitant. We are therefore inclined to reduce interest to 12%. the consumer is also not liable to pay collection charges if the amount is recovered otherwise than by revenue proceedings”. In the light of the above said decision of the Hon'ble High Court we are of the considered opinion that the amount claimed by opposite party for the period from 02/98 to 11/00 is the due prior to the coming into force of the Electricity Act 2003. Since there is no provision to operate retrospectively in the said Act, Sec. 56(2) of the Act is not applicable in the case in hand. As such the pleadings of the complainant that he is not binding to pay the bill amount because it is barred by limitation has no relevance. Had opposite party acted and collected current charges timely, complainant would not have saddled with huge amount. Both the complainant and opposite parties cannot escape from their liability. Opposite party did not act as per the provisions of the Act. At the same time, complainant, who is not a layman, has a liability to pay the amount from 02/98 to 11/00. Complainant is legally liable to remit the current charges of Rs. 10,359/-. Had opposite party taken meter reading then and there and issued bill accordingly, complainant would have escaped from the liability to pay interest on current charges. Opposite party has not acted as per the provisions of the Act. The inaction on the part of the opposite parties in claiming the amount at regular intervals would amount to deficiency in service on their part.

In the result, complaint is partly allowed. The notice dated 31.05.2005 issued by opposite party to complainant is cancelled. Complainant is directed to pay current charge of Rs. 10,359/- with 12% interest for 2 years and 9 months(disputed period). Opposite party shall pay Rs. 2,000/- towards compensation due to delay in issuing the bill. Both parties shall bear and suffer their costs.

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 30^th day of July 2010.

G. SIVAPRASAD,

President.

BEENAKUMARI. A : MEMBER

S.K. SREELA : MEMBER

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C.C. No. 186/2005

APPENDIX

I COMPLAINANT'S WITNESS :

PW1 - Dr. S. Kailasom

PW2 - K. Sadanandan

II COMPLAINANT'S DOCUMENTS :

P1 - Copy of demand and disconnection notice dated 11.05.05

P2 - Copy of the letter dated 27.09.2004 addressed to

complainant

P3 - Copy of the letter dated 11.10.2004 from opposite party to

complainant

P4 - Copy of the letter dated 19.10.2004 by opposite party to

complainant

P5 - Copy of the letter dated 31.05.2005

P6 - Copy of the letter from the complainant

P7 - Copy of the letter dated 25.10.2004 from the complainant.

III OPPOSITE PARTY'S WITNESS :

NIL

IV OPPOSITE PARTY'S DOCUMENTS :

D1 - Copy of the demand register for slab and provisional card consumers.

D2 - Copy of service connection to consumer No. 8945.

D3 - Copy of the Sale Register.

PRESIDENT

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