CONSUMER DISPUTES REDRESSAL FORUM
PALAKKAD, KERALA
Dated this the 31st day of July, 2012.
Present: Smt. Seena. H, President
: Smt. Preetha. G. Nair, Member
: Smt. Bhanumathi. A.K, Member Date of filing: 26/07/2012
CC / 140 / 2012
Achuthan.C.K,
S/o.K.Viswanathan Nair, - Complainant
Amritha Ice Cream,
Vadakkanchery, Palakkad.
(BY ADV. M.Rajesh)
Vs
1. K.S.E.B (Rep.by) Secretary,
Vidhyuth Bhavan, Pattam, - Opposite parties
Thiruvananthapuram.
2. Assistant Executive Engineer,
K.S.E.B, Vadakkanchery Electrical Section,
Palakkad.
3. Assistant Engineer,
K.S.E.B, Vadakkanchery Electrical Section
O R D E R
BY SMT.SEENA.H, PRESIDENT
Complaint posted for hearing on admission. The crux of the complaint is that the complainant has 2 electrical connection with the opposite party vide consumer No.15044 under LT IV and consumer No.472. With regard to consumer No.15044, there is case pending before Hon'ble Sub Court, Palakkad challenging bill for an amount of Rs.1,29,909/-. The same was dismissed for default on 23/07/2011 and I.A for restoration is pending. Meanwhile opposite party has sent notice stating that connection to consumer No.472 which is an ice cream shop owned by the complainant, will be disconnected if the arrears in 15044 is not paid. Though informed about the pending of the proceedings, opposite party has intimated that if no stay order in produced connection will be disconnected on 26/07/2012. Hence complaint filed for an order directing the opposite parties not to disconnect electricity connection provided consumer No.472 and also prays for compensation for Rs.5,000/- for mental agony and loss. Along with the complaint also filed petition for restraining the opposite parties from disconnecting. On the date of hearing, complainant again filed petition to order restoration of electricity connection as the supply was already disconnected.
Heard complainant regarding admission of the complaint. On going through the complaint we understand that the complainant is the owner of two connections vide consumer No.15044 and consumer No.472. With regard to an electricity bill pertaining to consumer No.15044, there is a case pending before Hon'ble Sub Court, Palakkad. The case was earlier dismissed for default and now the restoration petition is pending. Meanwhile supply to Consumer No.472 was disconnected for non-payment of arrears due in consumer No.15044. Complainant herein has claimed an interim relief till the disposal IA's pending before the Hon'ble Sub Court.
The Forum is of the view that complaint cannot be admitted since there is a parallel proceedings already pending before the Hon'ble Sub Court, Palakkad where in the matter in issue and the parties are one and the same. The second disconnection of supply of consumer No.472 is directly related to the matter in issue before the Hon'ble Sub Court.
Hence without going in to merits we dismiss the complaint.
Pronounced in the open court on this the 31st day of July, 2012.
Sd/-
Smt. Seena. H
President
Sd/-
Smt. Preetha.G.Nair
Member
Sd/-
Smt. Bhanumathi.A.K
Member
