By Smt. Padmini Sudheesh, President:
The averments in the complaint are that the complainant is a farmer and is the consumer of 1st respondent vide consumer No.1069/V. The said connection is an agricultural connection. The complainant inherited the property from the deceased Lakshmikutty who died 16 years ago. The agricultural connection of the complainant was free of cost. She is enjoying the same from 1997 onwards. On 28.3.08 the 2nd respondent issued a disconnection notice and the notice doesn’t mention the amount of arrears. The complainant is not entitled to pay any arrears. In the notice arrears from 4/01 is demanded which is illegal. The amount is barred by limitation. The act of respondents is deficiency in service. Hence the complaint.
2. The counter of respondents-1 and 2 is that the connection is in favour of Lakshmikutty, Kapprassery House, Parannur on 8.3.1968. The complainant is not the registered consumer. The exemption from payment of electricity charges of agricultural consumers are granted from Krishi Bhavans of concerned areas. After granting exemption, the Krishi Bhavan concerned forwards a letter to electrical section offices communicating the matter. In the list of exempted agricultural consumers forwarded to this section the number of consumer was not seen included. It was later found that the amount due to Board towards current charges has not been remitting by the consumer. So a disconnection notice issued. The consumer is liable to pay the bills amount. There is no deficiency in service. Hence dismiss.
3. The 3rd respondent filed a counter to the effect that this respondent is an unnecessary party and no relief is sought from this respondent. Hence dismiss.
4. The points for consideration are that:
(1) Whether the complainant is entitled to get the relief sought?
(2) Other reliefs and costs.
5. The evidence adduced consists of oral evidence of PW1 and Exts. P1 and P2. No evidence is adduced by respondents.
6. Points: This complaint is filed when Ext. P2 notice is accepted by complainant. Ext. P2 is a disconnection notice in which it is stated that the complainant has not paid current charge from 4/01 onwards. The complainant would say that she is not liable to pay this amount because her connection is exempted from payment of current charges. The Board contended that in the exempted list sent by 3rd respondent the name of complainant is not included.
7. One witness is examined as PW1 and deposed that since the connection is agricultural it is saying that the connection is exempted from payment of current charges. He also stated that in 1997 application submitted to Krishi Bhavan. It is to be noted that there is no evidence to show that application for exemption given to 3rd respondent by complainant. The respondent also not adduced any evidence to prove the same.
8. Ext. P2 notice is challenged by complainant. It can be seen that Ext. P2 is against Section 56(2) of Indian Electricity Act. There are no details of arrears stated in Ext. P2 notice. So also it is illegal. The claim of respondents-1 and 2 is barred by limitation. The complainant is not liable to pay this bill amount. So the respondents have no right to disconnect the said connection on the basis of Ext. P2 notice.
9. In the result the complaint is allowed and Ext. P2 notice stands cancelled. The respondents are restrained from disconnecting the agricultural connection on the basis of Ext. P2 notice. The complainant is directed to submit application for exemption to 3rd respondent within two weeks from the date of receipt of copy of this order and the 3rd respondent is directed to dispose of the same within a month after accepting the application.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the 14th day of March 2012.
