BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAUD, THIRUVANANTHAPURAM.

PRESENT

C.C. No. 94/2009 Filed on 04.05.2009

ORDER DATED: 08.09.2021

The order delivered on 08/09/2021

ORDER

SRI. VIJU V.R : MEMBER

The complainant has presented this complaint before this forum under section 12 of the Consumer Protection Act 1986,  alleging that  opposite parties have disconnected his electrical connection which was given for conducting a business vide consumer No. 4503007628. The petitioner had received a notice dated on 25/03/2009 demanding for the payment of Fourteen Thousand Two Hundred And Fifty Six Rupees as default.  The petitioner had closed the business premises for the last 7 months due to his illness.  He is neither a defaulter, nor failed to remit the payment as per the monthly bill.  It is further stated that if the amount is not remitted within 13/04/2009 the connection will be disconnected and also the meter will be taken over by the 3^rd respondent and also they will initiate Recovery Proceedings for the recovery of the dues.  The petitioner had suffered a lot due to the illegal and unjust act of the respondents.  Hence this complaint.

The Opposite parties 1 to 3 entered appearance and opposite parties 2&3 filed version.  The opposite parties 2 & 3 averred that aganist the bill the complainant has statutory remedy by way of preferring appeal before the Appellate Authority as contemplated under section 127 of the Electricity Act 2003 and without complying statutory remedy the present complaint filed before this Forum is not at all maintainable. 

There is statutory bar of jurisdiction as contemplated under section 145 of the India Electricity Act from entertaining this matter.  The consumer number of the complainant is 7268.  The complainant has defaulted current charges from July 2005 onwards.  He had defaulted the first bill amount of Rs.6319 the bill dated 26/07/2008.  On 24/09/2008 the complainant had used 244 unit of energy and including the old balance was also not remitted.  There after the complainant failed to pay the subsequent monthly amounts also.  Accordingly disconnection was effected on 23/10/2008.  The bills were issued by monthly.  Even after issuance of the bills the complainant has not remitted any amount and he is a Chronic defaulter.  On 26/05/2009 when the Sub Engineer of Fort Section inspected the Consumer’s premises it was found that the terminal seal of the meter were found tampered, removed the phase wires, from the terminal insulation of the wire has been removed and wrongly connected the outgoing terminal and thereby by passed the meter.  Accordingly the complainant was committed theft of electricity.  A mahazar was prepared.  A criminal case was also registered against the complaint before the Thampanoor Police Station under Section 135 of Electricity Act.   There is no negligence on the part of opposite parties, hence the complaint is liable to be dismissed with cost.

Issues to be ascertained:

1. Whether there is any unfair trade practice or deficiency in service from the side of opposite parties 1 to 3?
2. Whether the complainant is entitled to get the reliefs?

Issues (i) & (ii):-

 Both these issues are considered together for the sake of convenience. Even though so many opportunities were given to the complainant he has not filed affidavit in-lieu of chief examination nor marked any documents as he did not turn up. No evidence was put forth by the complainant for proving his case.  Hence for want of evidence the case of complainant fails.

  In the result, the complaint stands dismissed. There shall be no order as to cost.

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Commission, this the 08^th   day of September 2021.

                       Sd/-

             P.V.JAYARAJAN                 : PRESIDENT

                       Sd/-

PREETHA G. NAIR              : MEMBER    

                     Sd/-

                                                                 VIJU V.R                          : MEMBER

R                                                                                            

C.C. No. 94/2009

APPENDIX

  I         COMPLAINANT’S WITNESS:

                                    NIL                 

II          COMPLAINANT’S DOCUMENTS:

NIL                 

III         OPPOSITE PARTY’S WITNESS:

                                    NIL                 

IV        OPPOSITE PARTY’S DOCUMENTS:

                                    NIL                                                    

                                                                                                                               Sd/-

            PRESIDENT

R