DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

Civil Station, Palakkad – 678 001, Kerala

Dated this the 30^th day of July, 2009

Present: Smt.Seena.H, President

Smt.Preetha.G.Nair, Member

Smt.Bhanumathi.A.K, Member

CC No.90/2008

V.P.Vinod,

S/o.Late Sri.Chathunni,

Bodhi Retreat,

Nellichode,

Pothundi,

Nemmara, Palakkad. - Complainant

(By Adv.Ullas Sudhakaran & Sheji Rajan.T.M)

Vs

1. K.S.E.B,

Represented by its Secretary,

Vydhuthi Bhavanam,

Thiruvananthapuram.

2. V.S.Nazeer,

Assistant Executive Engineer,

K.S.E.B. Electrical Section,

Nemmara, Palakkad. - Opposite parties

(By Adv.L.Namassivayan)

O R D E R

By Smt.Seena.H, President

Brief facts of the complaint:

Complainant is the consumer of opposite parties with consumer No.16171. The electric connection availed by the complainant is used for agricultural purposes. As the extent of the land of the complainant is less than 5 acres, complainant filed application to the Krishibhavan for getting exemption from the payment of electricity charges. To the best of the knowledge of the complainant, he was in the list of the exempted category. Complainant's connection was dismantled by the opposite parties in the month of January 2008 without serving him any demand notice. Even though complainant sought time for clarifying the issue with opposite parties, the same was not allowed by the 2^nd opposite

party. 2^nd opposite party illegally disconnected the electric connection. Complainant claims an amount of Rs.50,000/- as compensation. Further even after disconnection complainant used to get bimonthly electricity bills. Complainant issued lawyer notice dtd.19/05/2008 to opposite parties stating that the amount shall be paid by the complainant if demand notice is issued in his name. Nothing was done by opposite parties. Complainant received notice dtd.7/5/08 u/s 34 and Section 7 of the Revenue Recovery Act. Complainant paid the whole amount. Even then connection was not restored. Hence the complaint.

2. The contention of the opposite parties is that complainant will not come under the exempted category of consumer as per the records of the Nenmara Krishi Bhavan. The said connection was disconnected and dismantled only after giving notice. Hence there is no deficiency in service on the part of opposite parties. Further the complaint is bad for non joinder of necessary parties as Nemmara Krishi Bhavan is not impleaded.

3. Complainant and opposite parties filed their respective affidavits. Exts.A1 to A6 marked on the side of complainant. Ext.B1 and B2 marked on the side of opposite parties.

4. Now the issues for consideration are;

1. Whether opposite parties committed any deficiency in service? and

2. If so, what is the reliefs and costs?

5. Points 1 & 2:

We have carefully gone through the evidence on records and heard the parties. Ext shows that complainant is not included in the exempted category of consumers listed by Agricultural Department. Complainant has not taken any steps to implead the Official of Krishi Bhavan concerned to substantiate the bonafide belief of the complainant that he is included in the exempted category. In the absence of any evidence on record we are not in a position to attribute deficiency in service on the part of opposite parties. Further complainant has produced Ext.A2 series, the bimonthly bills issued by opposite parties after the connection was dismantled. It is not clear from the complaint whether the complainant had paid the said amount and has sustained loss.

6. In view of the above discussions we are of the view that complainant has miserably failed to prove deficiency in service on the part of the opposite parties.

7. Hence complaint dismissed.

8. Pronounced in the open court on this the day of 30^th July, 2009

Sd/-

Seena.H,

President

Sd/-

Preetha.G.Nair,

Member

Sd/-

Bhanumathi.A.K,

Member

Appendix

Witness examined on the side of complainant

Nil

Witness examined on the side of opposite party

Nil

Exhibits marked on the side of complainant

Ext.A1 – Photo copy of electricity consumer card

Ext.A2 (Series) – Electricity bills (4 in Nos.)

Ext.A3 – Copy of lawyer notice sent by complainant to 2^nd opposite party along with postal

receipt and acknowledgement card

Ext.A4 – Demand for recovery of land issued by Tahsildar, Chittur.

Ext.A5 – Demand Notice issued by Tahsildar, Chittur.

Exhibits marked on the side of opposite party

Ext.B1 – Copy of letter sent by Agricultural Officer, Nemmara to 2^nd opposite party

Ext.B2 – Notice dt.21/12/07 sent by 2^nd opposite party to complainant