By Smt. Padmini Sudheesh, President:
The averments in the complaint are that the complainant is a farmer and has an agricultural connection vide consumer No.7562/V. The connection was free of cost. The complainant was enjoying the exemption as per the application made by him from 1997 onwards. On 28.3.08 the 2nd respondent had issued a disconnection notice to complainant. The notice doesn’t mention the amount of arrears. In the notice arrears from 4/01 is demanded which is illegal and barred by limitation also. The act of respondents amounts to deficiency in service. Hence the complaint.
2. The counter of respondents-1 and 2 is that the exemption for payment of electricity charges of agricultural consumers is granted from concerned Krishi Bhavans on the request of the consumer. After granting exemption the Krishi Bhavan concerned forwards a letter to electrical section offices communicating the matter. The Krishi Bhavan also forwards list of exempted consumers to section offices for furnishing quarterly demand of exempted consumers. But in the list the name of complainant is not included. So the disconnection notice has issued. The complainant is liable to pay this amount.
3. The 3rd respondent filed counter to the effect that the 3rd respondent is an unnecessary party and no application has submitted to this respondent by complainant so far. Hence dismiss.
4. The points for consideration are:
(1) Whether the complainant is entitled to get the reliefs sought for?
(2) Other reliefs and costs.
5. The evidence adduced consists of oral testimony of PW1 and Ext. P1.
6. Points: It is the case of complainant that he has applied to get agricultural exemption to the Krishi Bhavan. But he admitted that no intimation has served to him by granting exemption. But under the impression of exemption he has evaded from payment of electricity charges. It is the case of PW1 that before 1997 bills were issued by K.S.E.B. regularly. There is no evidence adduced by complainant to prove that the exemption has been granted to him. There is no evidence also to show that he has applied to get exemption.
7. Ext. P1 disconnection notice is the cause of this complaint. It is stated in Ext. P1 that the complainant is failed for paying the current charges from 4/01 onwards. There is no date of issuance of notice stated in Ext. P1. There are no details of arrears seen in the notice. It is against the provisions of Indian Electricity Act. The respondents-1 and 2 have no case that another bill has issued to complainant. No copy of such a bill also produced. So it can be taken that Ext. P1 is the only notice issued by KSEB for realization of current charges from 4/01 onwards. This demand is against Section 56(2) of Indian Electricity Act. The claim is barred by limitation. So the complainant is not at all liable to pay Ext. P1 bill amount.
8. In the result the complaint is allowed and Ext. P1 notice stands cancelled. The respondents-1 and 2 are restrained from disconnecting the agricultural connection on the strength of Ext. P1. 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.
