14/01/2011.

ORDER

By Sri.M.S.Sasidharan, Member

            The complainant’s case is that he is the secretary of the complainant religious organization  that conducts poojas  and devotional discourses and  Bhajans.  The complainant has an electric connection vide consumer No.A195.  The complainant used to pay the electricity bills regularly. But the respondents issued a notice claiming electricity  dues from 1996 onwards.   However no details are given.  The complainant has not consumed electricity in excess.  At the same time all the excess bills are paid in time.  So the respondents have no right to collect the electricity charges as per the notice dated 20/5/2005.  Hence the complaint.

          2. The counter version filed is as follows: The electricity connection in question is in the name of TNK Nair and it is billed under VI A Tariff.  Before the spot billing  card system was prevailing.  And the consumer had not remitted the additional bills on 3/97 and 3/2000.  The amount remitted from 1998 to 1999 as per the invoice card was less than the original demand.  So the total dues upto 2/2001 comes to Rs.7369/-.  So the complainant has to pay the dues with interest.  And the amount demanded is for the electricity consumed by the complainant.  The electricity connection is under commercial tariff and the complainant is using the connection for commercial purpose and making profit.  Hence the  complainant is not a consumer.  So dismiss the complaint.

          3. Points for consideration are: 

1) Is the complainant entitled to comply the notice dated 20/5/2005?

2) Other reliefs and costs?

          4. Evidence consists of Exhibits P1 to P20 and the deposition recorded by PW1.  No evidence has been adduced by the respondents.

          5. Points: The complainant’s  case is that he used to pay the electricity charges as per the bills issued by the respondents.  The complainant had applied to change the name of the consumer to the complainant’s name.  But no action was taken.  The respondents issued  Exhibit P.20 notice to pay arrears of Rs.7,369/-.  The complainant paid all the bills promptly and there is no arrears.  Each bill was issued after reading the meter and so the charges of the electricity consumed is  already paid.  So the complainant is not liable to pay the amount.  The counter version is that the complainant is not the real consumer.  The consumer had not paid the additional bills for the period 3/97 and 3/2000.  The Exhibit P20 notice is issued for the electricity consumed by the consumer and so he is liable to pay it.  The electricity connection is under commercial tariff and the connection is issued for commercial purpose and making profit.  The complainant has stated that he had applied to transfer the name  in favour of him.  Exhibit P17 is evident to prove the request made by the complainant.  But the respondent kept silence about this and stated that the complainant is not the real consumer.  Exhibit P14 is the receipt dated 18/5/2005 issued from the Friends Centre Thrissur.  As per this the complainant paid Rs.2583/- for the bill dated 11/5/2005.  If the amount as per the Exhibit P20  notice was left unpaid the respondent could not have issued the present bill.

          6. Another question raised in the counter is that the disputed electricity connection  is under commercial tariff and it is used for making profit.  The respondents did not produce any evidence in support to their claim. At the same time the complainant produced adequate evidence in support to their claim that they conduct only religious  rituals and poojas without making any profit.

          7. In the result the complaint is allowed and the  impugned Exhibit P20 notice is set aside.

          Dictated to the Confdl. Asst., transcribed by her, corrected by me and pronounced in the open Forum this the 14th  day of January 2011.

                                                                                                Sd/-                                                                                                                   M.S.Sasidharan, Member                                              

                                                                             Sd/-                                                                                                   Padmini Sudheesh, President

                                                                             Sd/-                                                                                                   Rajani.P.S., Member               

                                       Appendix

Complainant’s Exhibits

Ext. P1   Booklet

Ext. P2   Notice dt. 10/6/04

Ext. P3   Notice

Ext. P4   Notice dt. 3/4/06

Ext. P5   Notice

Ext. P6   Notice dt. 7/7/08

Ext. P7   Notice dt, 5/5/08

Ext. P8   Photo

Ext. P9   Photo

Ext. P10 Photo

Ext. P11 Photo

Ext.P11(a) Photo

Ext. P12 Copy of Judgement in OS.944/93

Ext. P13 Demand & disconnection notice dt.11/5/05

Ext. P14 Receipt dt. 18/5/05

Ext. P15 Demand & disconnection notice dt. 12/7/05

Ext. P16 Receipt dt.19/7/05

Ext. P17 Ltrs. dt.20/3/93, 20/3/95 and acknowledgement receipts

Ext. P18 Demand & disconnection bills and receipts – 5 Nos.

Ext. P19 Copy of agreement  

Ext. P20 Notice dt.20/5/05

Complainant’s witness

PW1 – K.N.Parameswaran

                                                                     Id/-                         

                                                                                Member