13th day of June 2012
CC.435/08 filed on 9/6/08
Complainant : P.B.Raghunadhan, Secrtary, YoungMens Library,
P.O.Edassery, Thalilulam, Thrissur.
(By Adv.V.M.Bhagavath Singh, Thrissur)
Respondents : 1. K.S.E.B., rep. by Secretary, KSEB,
Thiruvananthauram.
2.KSEB, Thalikulam, rep. by Asst. Engineer, Thalikulam
(By parties in person)
ORDER
By Smt.Padmini Sudheesh, President
The complainant is the present Secretary of the complainant library. There is an electric connection vide consumer No3262 towards the said library. On 25/4/08 the 2nd respondent issued a disconnection notice demanding Rs.6,000/-. It is alleged that electricity is used from this connection unauthorizedly by drawing wire. There was no such thing happened. The complainant library has no connection with Farmers Club, Thalikulam. There was a programme of making coir under the guidance of Farmers Club for two days. There was one application submitted to 2nd respondent from the Farmers club for using the electricity to Farmers club. The complainant expressed their unwillingness and sanction was not given. So the said programme of Farmers club has changed to some other place. The demand was made by2nd respondent under impression that electricity has used from complainant library. Hence the complaint.
2. The counter of respondents is that the consumer No.3262 allotted to complainant is under LT Ib Tariff for the purpose of complainant club. It was found that electricity was used for unauthorizedly and the disconnection notice was issued. The complainant and Sri.V.P.Rajesh jointly submitted application to this respondent for permitting them to use electricity temporarily. But the complainant failed to deposit the amount required for temporary extension to the respondent office and so inspection was conducted. One mahazar was also prepared. The complainant was liable to pay Rs.50/- for each day. Since the complainant used electricity unauthorizedly they are liable to pay the amount as per law. The Board is bound to issue bill for 12 months. But the complainant library intimated that only for two months the electricity was misused and so two months penal bill was issued. Hence dismiss the complaint.
3. Points for consideration are that :
- Whether the complainant is entitled to get the reliefs sought ?
4. Evidence consists of Exhibits R1 to R6. No evidence adduced
by complainant.
5. It is the case of complainant that the 2nd respondent issued a demand notice for Rs.6,000/- and disconnected the electricity supply. This act of respondent is challenged by complainant by this complaint. The complainant stated in the complaint that the 2nd respondent demanded Rs.6,000/- by a demand notice dated 25/4/08 by alleging unauthorized extension of electricity. According to complainant somebody from Farmers club at Thalikulam submitted application to 2nd respondent for temporary connection to Farmers club and the respondents under the impression of unauthorized use demanded Rs.6,000/- and also disconnected the connection.
6. The respondents filed their version in which it is stated that complainant along with V.P.Ranjith submitted an application to 2nd respondent for temporary extension and the Board wanted to deposit the necessary amount, but they failed to deposit the same. Later they unauthorizedly consumed electricity and it was found out and demand notice was issued by penalizing the complainant.
7. The respondents produced Exhibits R1 to R6 documents out of which Exhibit R2 is the copy of application submitted by complainant along with Ranjith. It is the request that there is making of coir center going to be started in the premises of complainant library and in order to do the same permission is seeking to take electricity from the complainant. As per Exhibit R3 the 2nd respondent wanted to deposit an amount of Rs.50/- for the consumption per day. It is the case of complainant in the complaint that no such application was submitted by complainant but somebody from Farmers club submitted application to KSEB. But this case of complainant is seen totally wrong. As per Exhibit R2 the complainant P.B.Reghunath the then Secretary has submitted application to Board for permission to use electricity to the coir center. Exhibit R4 is the site Mahazar prepared by respondents by which it can be seen that electricity is using from complainant library by drawing temporary line. The copy of bill issued to complainant also produced by respondent. Exhibit R1 also produced by respondent to prove the bills. The complainant failed to adduce any evidence in support of their claim. So they miserably failed to prove the case.
8. In the result the complaint is dismissed.
Dictated to the Confdl. Asst., transcribed by her, corrected by me and pronounced in the open Forum this the 13th day of June 2012.
Sd/-
Padmini Sudheesh, President
Sd/-
M.S.Sasidharan, Member
Appendix
Respondents Exhibits
Ext. R1 Personal ledger of Bi-monthly spot billing-copy
Ext. R2 Copy of application dt 19/12/07
Ext. R3 Copy of lr. dt. 9/1/08
Ext. R4 Copy of site mahazar
Ext. R5 Copy of Bill
Ext. R6 Copy of notice
Id/-
President