By Smt. Padmini Sudheesh, President:<br /> <br /> The averments in the complaint are as follows: The complainant is a consumer of respondents-1 to 3 vide con. No.3630/CKD A01/10 and the electricity connection to the premises is for agricultural purposes. This connection was exempted from payment of electricity charges. After submitting application to 4th respondent the complainant was exempted from payment. But on 25.2.08 the 3rd respondent had disconnected the energy without any notice and demanded to pay Rs.5000/- for arrears since 1997 and to remit Rs.76/- per month. The disconnection by the 3rd respondent is unfair and unjust as the complainant is having agricultural exemption. Hence this complaint.<br /> <br /> 2. The respondents-1, 2 and 3 have filed counter to the following effect. The impugned consumer number 3630/CKD A01/10 is availed for agriculture. The complainant had made arrears since 1997. The complainant is not included in the list prepared by the Agricultural Officer. It is incorrect to say that notice is not issued. The notice was issued and the consumer accepted the notice and not remitted the current charges or arrears and hence on 17.1.08 disconnected the current connection. The said consumer number is not included in the list prepared by the 4th respondent and is liable to pay the electricity charges. Since she is enjoying the electricity, she is liable to clear off the arrears. Hence dismiss the complaint.<br /> <br /> 3. The 4th respondent has no counter.<br /> <br /> 4. The points for consideration are:<br /> <br /> (1) Is the complainant entitled to the benefit of Govt. Order giving exemption?<br /> (2) Reliefs and costs.<br /> <br /> 5. The evidence consists of Ext. P1.<br /> <br /> 6. Points-1 & 2: As per the Government Order (MS)30/99/AD dated 4.2.99 the concerned Agricultural Officer is to make the lists of all the eligible agriculturists and it should be submitted to the concerned Assistant Executive Engineer of the K.S.E.B. and such list is to be prepared and submitted once in every three months. The concerned officers of K.S.E.B. must prepare the statement showing the electricity charges due from eligible agriculturists and also submit invoice to the Agricultural Officer and it is the duty of the Agricultural Officer to see that the amount covered by the said invoice is paid or entrusted with the concerned Assistant Engineer or Assistant Executive Engineer and the said amount is to be paid within 10 days from getting the statement and the invoice. If the amount shown in the invoice has not paid within 10 days of getting that invoice, the K.S.E.B. can disconnect the supply of electricity. In the present case the respondents-1 to 3 contending that the consumer No.3630 is not included in the list prepared by the Agricultural Officer. The 4th respondent who is the Agricultural Officer has not filed any counter and not produced the list of exempted persons. The respondents simply denied the averment but no document is produced. It is their duty to establish that her name is not included and she is not exempted. According to the complainant, she was exempted. Only on 2008, a notice was issued for clearing the dues since 1997. It is a service deficiency on the part of the respondents-1 to 3. So the complainant was under the impression that she is in the eligible list. After the filing of this case also the KSEB did not produce the list submitted to them by the Agricultural Officer. The 4th respondent also failed to produce the list of eligible agriculturists. So we conclude that the respondents failed to establish their version. Hence we are in the opinion that the complainant is entitled to the benefits of Government Order in giving exemption. <br /> <br /> 7. In the result, complaint is allowed and the complainant is directed to put a fresh application to the 4th respondent within two weeks and the 4th respondent is directed to consider the application within a month after receiving the application. If he finds that the petitioner is eligible, the petitioner is entitled for exemption since inception. Meanwhile the K.S.E.B. shall not disconnect the electricity supply. If it is found that the consumer is not eligible, the K.S.E.B. is at liberty to charge the present electricity arrears at their discretion. <br /> <br /> <br /> Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum, this the 21st day of 2008.<br /> <br />