Kerala

Idukki

CC/47/2020

Mariyamma joseph - Complainant(s)

Versus

KSEB Board - Opp.Party(s)

20 Jul 2022

ORDER

 

DATE OF FILING : 27/02/2020

IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, IDUKKI

Dated this the 20^th day of July 2022

Present :

SRI.C.SURESHKUMAR PRESIDENT

SMT.ASAMOL P. MEMBER

SRI.AMPADY K.S. MEMBER

CC NO.47/2020

Between

Complainant : Mariyamma Joseph,

Kavumkal House, T.O.G.Road,

Chettimukku, Kalamassery,

Ernakulam – 683 104.

And

Opposite Party : The Assistant Engineer,

K.S.E.B, Electrical Section Office,

Adimaly.

(By Adv.Lisssy M.M.)

 

O R D E R

SMT.ASAMOL P., MEMBER

Complainant's case is briefly discussed as follows:-

.
1 . Complainant is a consumer of opposite party. In 2014 October, opposite party has removed the electrical connection fuse in consumer No.16776 of complainant due to the reason of delayed payment. Thereafter, complainant had paid the bill amount along with fine on 04/11/2014. Later, complainant has been paying the electricity bill without dues. But opposite party did not connect the fuse. Complainant has repeatedly demanded for connecting the fuse and also has directly applied to opposite party on 03/02/2015. Moreover, complainant had paid Rs.700/- as advance on 07/03/2018, however opposite party removed the meter and disconnected the electricity to the house of complainant. Since complainant is staying with her daughter, she goes to her home occasionally. These acts of opposite party amount to service deficiency. Hence she has prayed the following reliefs:-

 

 

 

(Cont.....2)

-2-

 

(a) For getting the electrical connection reinstalled from opposite party.

(b) Also, to get compensation and court expenses from opposite party.

 

2 . Upon notice from the Commission, opposite party has entered appearance and filed written version.

 

3 . The contentions of opposite party are briefly discussed hereunder.

 

Complaint is not maintainable either in law or on facts. In 2014, opposite party had disconnected the consumer connection to the house of complainant for the reason of non- payment of bill amount. However, after paying the bill amount by complainant, opposite party had re-connected the electrical connection to complainant's house. But, the home was lying vacant and unused. It was fully covered by wild growth. Walls of home had crumbled and there was in a dilapidated condition. Meter had fallen from the wall and was hanging upon wires. Since, the house and premises were covered by wild growth, it had become a habitat of reptiles. Without carrying and recamary reports of the house and meter board connection cannot be given. Opposite party submits that if complainant makes the house accessible and efforts repairs and also reinstalls the wiring along with ELCB and meter board with all security criteria which is mandated by law, opposite party is ready to reinstate the connection. Though opposite party has demanded many times to do the needed things for reconnection, complainant was not ready to do it. Under the present conditions of complainant's house, opposite party cannot reconnect the electricity connection, because it may cause many accidents in that area. Therefore, there is no deficiency in service on the part of opposite party. Hence complaint may be dismissed with cost of opposite party.

 

4 . After filing written version, the case was posted for evidence. Complainant was repeatedly absent. Hence complainant's evidence was closed. Counsel of opposite party was present and submitted that they have no oral evidence and prayed for marking paper print of 4 photos. These were marked as R1 series 4 in numbers. Thereafter, evidence was closed. We have heard the counsel for opposite party.

 

(Cont.....3)

-3-

5 . The points which now arise for consideration are:-

 

(a) Whether there is any deficiency in service on the part of opposite party?

(b) If, so, what reliefs are entitled to complainant?

 

6 . The point is considered.

 

We have gone through the complaint and written version. Also, we have perused Ext.R1. ie, copies of photos. It is seen that fully forested premises, crumbled house and one meter with unsafe condition as per this R1 series. There is no evidence adduced by complainant to show that the house and premises was not in the conditions as per Ext.R1. Even though the complainant has paid the electricity bill amount without dues, she should reinstall the wiring works with safe conditions in the house, otherwise connection cannot be granted. Complainant has not adduced any evidence to prove her case. Opposite party has submitted that it is ready to reconnect the electrical connection towards complainant's house. But complainant should do the necessary works which is insisted by electricity board for giving electric connection. Here, it is proved that complainant's house is in a dangerous condition and premises are fully forested. We are of the considered view that now complainant is not entitled to get reinstall the electrical connection towards the house, because, she has to do the necessary safety things including renewing and re installation of meter board for electricity connection. Whenever the complainant reinstalls the wiring work along in accordance with law, then only she is entitled to get reconnection of electrical connection to her house. In this case, we have found that there is no deficiency in service on the part of opposite party. Accordingly, complaint is dismissed without costs.

 

Pronounced by this Commission on this the 20^th day of July 2022.

 

Sd/-

SMT.ASAMOL P., MEMBER

Sd/-

SRI.C.SURESHKUMAR, PRESIDENT

Sd/-

SRI.AMPADY K.S., MEMBER

(Cont.....4)

-4-

 

APPENDIX

 

Depositions :

On the side of the Complainant :

Nil

On the side of the Opposite Party :

Nil

Exhibits :

On the side of the Complainant :

Nil

On the side of the Opposite Party :

Ext.R1 – Printed copies of photos.

 

Forwarded by Order

 

 

ASSISTANT REGISTRAR