By Smt. Padmini Sudheesh, President:
The complainant’s case is that she is a farmer earning livelihood by cultivating her land. She is the consumer of 1st respondent vide consumer No.2233. The connection is an agricultural one. The said connection is free of cost. The complainant was enjoying agricultural exemption as per application made by her from 1997 onwards. On 24.3.08 the 2nd respondent disconnected the connection without notice. On enquiry it was informed that she has to pay Rs.4025/- + SC which is due from 5/97 as arrears. This is false. The amount claimed by respondents is barred by limitation. Hence the complaint.
2. The version of respondents-1 and 2 is that the complainant is not a registered consumer of KSEB. As per records Smt. Karthiayani Amma is the registered consumer. The complainant is a default consumer. Since the agricultural department is competent to exempt electrical agricultural consumer from paying current charges to KSEB, the consumer has to approach concerned agricultural office to get current charge exemption. The demand notice issued is statutory. Hence dismiss.
3. The counter of 3rd respondent is that the complainant has not submitted any application to this respondent. This respondent is not responsible for the loss sustained to complainant. There are applications accepting for agricultural exemption. The complainant can very well submit application.
4. The points for consideration are that:
(1) Whether there was any deficiency in service on the part of
respondents?
(2) Other reliefs and costs.
5. The evidence consists of Ext. P1 only.
6. Points: It is the case of complainant that the 2nd respondent disconnected the current connection without notice by alleging arrears. It is stated that when disconnected the connection the complainant enquired with the 2nd respondent and it was informed that there is arrears of Rs.4025/- + Surcharge from 5/97. The complainant stated that since the connection is exempted from payment of current charges she is not liable to pay the amount sought by KSEB. The complainant did not produce any arrear notice issued. Along with counter the Board submitted a statement by which the total amount due from 5/97 to 4/2008 is Rs.11,591/-. As stated by complainant this is barred by limitation. As per Section 56(2) of Indian Electricity Act the Board has no right to collect this amount. So the complainant is not liable to pay this amount. The act of Board in disconnecting the power supply without notice is illegal and cannot be justified.
7. It is the only contention of 3rd respondent that no application has been submitted to 3rd respondent by complainant. It is true that no evidence adduced to show that the complainant is exempted from payment of current charges.
8. In the result the complaint is allowed and the arrear sought by Board is cancelled. The complainant is directed to submit application for exemption to 3rd respondent within a month from the date of receipt of copy of this order and the 3rd respondent is directed to dispose of the same within a month on acceptance of said application. There is no order as to cost and compensation.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the 17th day of April 2012.
