SMT. N. SHAJITHA BEEVI (MEMBER)<br /> <br /> Sri. K.L. Prakash has filed this complaint before the Forum alleging deficiency in service on the part of the opposite parties – the Executive Engineer, Electrical Division, Cherthala, Village Officer, Pathirappally and Tahsildar RR. The brief facts of the contentions of the complainant is as follows:- His brother Sri. Manikkam Pillai was conducting Cinema Theatre by name ‘Rani Cinema’ in Omanappuzha and that due to the loss in the said Cinema business, he closed that theatre in the year 2002. The matter of closure of the theatre was duly informed to the Panchayath authorities and the concerned electricity office in the year 2002 itself. But in the year 2004, RR notice for a sum of Rs.15,667/- was received from the Tahsildar, (RR) Alappuzha. The arrear was for the period from 3.2.2002 to 6/2003. Due to the RR steps, he could not remit the land tax. Hence this complainant for a direction to cancel the RR steps and other relief.<br /> 2. Notice was issued to the opposite parties. They entered appearance before this Forum and filed version. In the version, the first opposite party has stated that the complaint is bad for non-joinder of necessary party. The Secretary KSEB is the necessary party and competent party to sue and be sued on behalf of the KSE Board and then the first opposite party is not the authorized or competent person to represent the KSE Board. It is stated that the complainant is not a consumer and that the electricity connection was given for commercial purpose. The theatre was conducted by the complainant himself and not by his brother as stated in the complaint. In the version of the 3rd opposite party it is stated that the RR is for electricity arrears from Sri. K.L. Prakash. They have not received any reply from the said party to that he has not dues on the said theatre. It is further stated that the action of the second opposite party, Village Officer is correct. <br /> 3. Considering the contentions of the parties, this Forum has raised the following issues:-<br /> (1) Whether there is any deficiency in service on the part of the opposite parties?<br /> (2) Compensation and costs. <br /> <br /> 4. Issues (1) and (2):- On the part of the complainant he ahs produced 3 documents in evidence. Exts.A1 to A3 were marked. Ext.A1 is the notice of RR issued by the 3rd opposite party to the complainant. It is for an amount of Rs.15,667/- towards the electricity arrear charges of M/s.Rani Cinema. Ext.A2 is the letter of the complainant dt. 13.7.2004 to the 3rd opposite party. In this letter the complainant has stated that he is not the owner or licencee of the said cinema theatre and have no connection with the same. Ext.A3 is the letter dt. 29th March, 2006 to the first opposite party. The opposite parties have not produced any documents in evidence. On a perusal of the above said documents it can be seen that the applicant is not a “consumer.” In the complaint he has admitted that his brother Sri. Manikkam Pillai was conducting a Cinema theatre under the name M/s.Rani Cinema, so he has no locus standi to file this complaint. The dispute is relating to the realization of electricity charge of the said cinema theatre. So it will come under the purview of “commercial purpose”. The complaint is defective of non-joinder of necessary party. The Secretary, KSEB is the authorized person to represent the opposite parties and not the 1st opposite party Executive Engineer. So due to the aforesaid reasons, the complaint is not maintainable, since it has no merit. In this circumstances, we are of the view that the complaint is to be dismissed. The issues are found in favour of the opposite parties. Hence, the complaint is dismissed. No order as to costs or compensation. <br /> Complaint dismissed.<br /> Pronounced in open Forum on this the 29th day of August, 2008.<br /> <br /> Sd/- SMT. N. SHAJITHA BEEVI:<br /> <br /> Sd/- SRI. JIMMY KORAH:<br /> <br /> Sd/- SRI. K. ANIRUDHAN :<br /> <br /> APPENDIX:-<br /> <br /> Evidence of the complainant:-<br /> Ext.A1 - Notice of RR issued by the 3rd opposite party to the complainant (Photo copy)<br /> <br /> Ext.A2 - Letter of the complainant dt. 13.7.04 (Photo copy)<br /> <br /> Ext.A3 - Letter dated 29th March, 2006 to the 1st opposite <br /> party (Photo copy)<br /> <br /> Evidence of the opposite parties:- Nil <br /> <br /> <br /> <br /> // True Copy //<br /> <br /> By Order<br /> <br /> <br /> Senior Superintendent<br /> To<br /> <br /> Complainant/Oppo.parties/S.F.<br /> <br /> Typed by:-pr/-<br /> <br /> Compared by:-<br />