By Smt.Padmini Sudheesh, President
The case of complainant is that the complainant is a farmer earning livelihood by cultivating in her land. She is a consumer of the 1st respondent vide consumer NO.1593/V. The said connection is an agricultural connection. As per the scheme offered to the complainant by 3rd respondent the said agricultural connection of the complainant was free of cost. The complainant was enjoying the agricultural exemption as per the application made by her from 1997 onwards. Till the month of February 2008 the complainant was enjoying the benefit of exemption. On 28/3/08 the 2nd respondent had issued a disconnection notice to the complainant. The notice does not mention the amount of arrears. The complainant is not liable to pay any arrears. In the notice arrears from 4/01 is demanded which is illegal. The amount claimed is barred by limitation. The act of respondents amounts to deficiency in service. Hence the complaint.
2. The counter averments of respondents 1 and 2 are that the service connection NO.1593/LTV is effected in favour of the complainant for agricultural purpose. Exemption from payment of electricity charges of agricultural consumers is granted from Krishi Bhavan on concerned areas. After granting exemption Krishi Bhavan concerned will forward a letter to electrical section offices communicating the matter. In the list of exempted agricultural consumers forwarded to this section, the above number was not seen included. It was later found that the amount due to Board towards current charges has not been remitting by the consumers. Hence a disconnection notice issued to consumers The total amount comes to Rs.7,098/-. The notice is not illegal. Omission if any may due to mistake on the part of concerned Krishi Bhavan and K.S.E.B is not responsible for such omissions. Hence dismiss.
3. The version of 3rd respondent is to the effect that no application for exemption from payment of current charges is submitted by the complainant. So she is not entitled to get the exemption benefit. There is no deficiency in service on the part of this respondent. Hence dismiss.
4. Points for consideration are that :
1) Whether there was any deficiency in service from respondents ?
2) If so reliefs and costs ?
5. Evidence consists of oral testimony of PW1 and Exhibit P1.
6. Points: The complaint is filed against the respondents to direct them not to disconnect the agricultural connection. The complainant is a consumer of 1st respondent and an agricultural connection is given to her vide consumer No.1593/LTV. It is the case of complainant that as per the scheme offered by 3rd respondent the connection is free of cost. She states that she is enjoying the exemption benefit from 1997 onwards. The agricultural officer filed his version by stating that no application has been submitted by complainant. It is the version of Board that the name of complainant is not included in the list forwarded by Agricultural officer.
7. The complainant is examined as PW1 and Exhibit P1 is marked. It is her version in the box that no paper is received from Krishi Bhavan by intimating that exemption benefit is granted. According to her since the connection is agricultural connection she is saying that it is free of cost. She has admitted that up to 3/01 current charge was paid.
8. Exhibit P1 is the notice issued by 2nd respondent in favour of PW1. In the notice it has stated that the current charge is in arrear from 4/01. There are no details in Exhibit P1 as prescribed by Indian Electricity Act. So prima-facie itself it is illegal and liable to be cancelled. The date of issuing of Exhibit P1 is not stated and so the question of limitation cannot be discussed. It is the case of PW1 that it is barred by limitation. According to PW1on 26/3/08 the disconnection notice was issued. If that be so it is purely barred by limitation under Indian Electricity Act. The Board is bound to issue bills for the consumed energy as prescribed by law. It is not done and it is also a deficiency in service on the part of Board. If the name of PW1 is not included in the exemption list forwarded from Krishi Bhavan it is the duty of Board to issue periodical bills to the consumer. The copy of list is produced by Board but is not marked. The respondents submitted they are not adducing any evidence.
9. In the result the complaint is allowed and Exhibit P1 stands cancelled. The complainant is directed to apply for exemption benefit to the concerned agricultural officer within a month from the date of receipt of copy of this order. The 3rd respondent should dispose of the application within one month and intimate the same to the Board.
Dictated to the Confdl. Asst., transcribed by her, corrected by me and pronounced in the open Forum this the 10th day of January 2013.
