BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
VAZHUTHACAUD : THIRUVANANTHAPURAM
PRESENT:
SHRI. G. SIVAPRASAD : PRESIDENT
SMT. BEENA KUMARI .A : MEMBER
SMT. S.K. SREELA : MEMBER
C.C.No. 147/2010 Filed on 21/05/2010
Dated: 31..03..2011
Complainant:
N. Gopinadhan, Ambady, Vadaserikonam – P.O., Thiruvananthapuram.
(Party in person)
Opposite parties:
Kerala State Electricity Board, Pattom Palace P.O., Thiruvananthapuram (Represented by the Secretary).
Assistant Executive Engineer, Electrical Sub Division, Kallambalam, Kallambalam – P.O.
(Opp. Parties 1 & 2 by Adv. S. Balachandran)
Assistant Engineer, Electrical Section, Palachira – P.O., Varkala.
This O.P having been heard on 07..02..2011, the Forum on 31..03..2011 delivered the following:
ORDER
SHRI.G. SIVAPRASAD, PRESIDENT:
The facts leading to the filing of the complaint are that, complainant is a consumer of the opposite parties vide consumer No. 4493 under the Electrical Section, Palachira, that electricity connection was originated in 1977 under the Electrical Sub Division, Kallambalam, that he had made a total cash deposit of Rs.200/- with the 2nd opposite party, that after January 2000 Electrical Section, Palachira Office (3rd opposite party) was formed and complainant's connection was transferred to the 3rd opposite party, that in 2002 cash deposit was raised to Rs. 930/- and 3rd opposite party issued a notice dated 19/10/2002 to that effect to the consumer, that complainant deposited Rs. 476/- on 11/11/2002 and Rs. 460/- on 30/3/2003, thereby the cash deposit with the opposite party stood as Rs. 1130/-. It is submitted by the complainant that there was no practice of recording the cash deposit amount in the bi-monthly bills issued prior to March 2008, that the bill issued in March 2008 noted the amount of cash deposit as Rs. 930/-, ignoring Rs. 200/- stood as deposit with 2nd opposite party, that on 12/10/2009 complainant requested the 2nd opposite party to credit the amount of Rs.200/- to his account with interest thereon from January 2000, that 2nd opposite party informed him that the said amount will be added to his account in November 2009, that even the bill issued to May 2010 the above said Rs.200/- was not credited in his account. Hence this complaint to direct opposite parties to add Rs. 200/- to the cash deposit amount of the consumer with the 3rd opposite party to pay interest for Rs.200/- @ 12% per annum along with cost.
2. Opposite parties 1 & 2 filed version contending inter alia that complainant is eligible to get an amount of Rs.200/- in caution deposit, that originally complainant was a consumer of Kallambalam Electrical Section, that the amount can be credited to his account only on getting the records of his earlier remittance from the previous section, that complainant contacted the opposite party during October 2009 and immediately the 2nd opposite party verified the matter and found that he is eligible to get an amount of Rs. 200/- by way of C.D. That the said fact was informed to the consumer, that due to absence of proper version for adding the amount to the computer, there would be some delay in transferring the amount to Palachira Section, that the computer wing of KSEB started the process in the month of November 2009 to rectifying similar anomalies of various sections, that on rectification of the said anomalies, the amount of Rs. 200/- was added to existing caution deposit of the complainant and thereby the grievance of the complainant was rectified, that interest for the caution deposit is eligible to the complainant with effect from the 1st quarter of the financial year 2005 onwards, that accordingly the interest would be deducted from the consumption bill of the complainant from the bill of September 2010. Hence opposite parties prayed for dismissal of the complaint.
2. The points that arise for consideration are:
Whether there is deficiency in service on the part of the opposite parties?
Whether complainant is entitled to get interest on Rs.200/- from January 2000?
Whether complainant is entitled to get compensation and cost?
In support of the complaint, complainant has filed affidavit and has marked Exts. P1 to P9. In rebuttal, opposite party has not filed affidavit. Opposite party has produced copy of the letter dated 27/10/2009 issued to the complainant.
4. Points (i) to (iii): There is no point in dispute that originally complainant was a consumer of the 2nd opposite party and subsequently he was transferred to Electrical Section, Palachira (3rd opposite party). There is no dispute on the point that complainant was originally remitted Rs. 200/- as cash deposit with 2nd opposite party. There is no dispute on the point that the said amount of Rs. 200/- was not credited in his account till the date of filing of the complaint before this Forum. It has been the case of the complainant that he has noted the short credit of Rs. 200/- in his account in the bill issued in March 2008 by the 3rd opposite party. It has also been the case of the complainant that on 12/10/2009 he had requested the 2nd opposite party to credit the said amount to Rs. 200/- to his account, that the 2nd opposite party informed him that the said amount will be added to his account only in November 2009, thereafter complainant waited up to the receipt of the bill in May 2010 even then the short credit was not made good in the bill issued in May 2010. Complainant's evidence consists of his oral testimony and Exts. P1 to P9. Ext. P1 is the copy of notice dated 19/10/2002 issued by the 3rd opposite party to consumer No.4493 to deposit Rs. 930/- more towards cash deposit. Exts. P2 & P3 are copies of receipts dated 11/11/2002 for Rs. 470/- and 30/2003 for Rs. 460/- issued by opposite parties. Ext. P4 is the copy of the letter dated 11/4/2000 issued by the 2nd opposite party to the complainant confirming his consumer earlier deposit of Rs. 200/-. Ext. P5 is the copy of the bill dated 4/01/2008 issued by opposite party. Ext. P6 is the copy of the bill dated 5/3/2008 wherein opposite party has noted existing security deposit as Rs. 930/-. Whereas in Ext. P5 no such deposit is seen mentioned thereby the stand of the complainant that the system of noting the amount of deposit in the bill was introduced from March 2008 onwards stands proved. Ext. P7 is the copy of the letter dated 12/11/2009 to the 2nd opposite party by the complainant requesting him to credit the amount of Rs.200/- in his account with interest thereon from 1/1/2000. Ext. P8 is the reply to Ext. P7 dated 27/10/2009 by the 2nd opposite party stating that the said amount of Rs. 200/- will be added to his account in November 2009. Ext. P9 is the copy of the bill issued by opposite party dated 4/5/2010. Even in Ext. P9 bill the security deposit recorded as Rs. 930/-, opposite party has not added the deficient amount of Rs.200/- to his account. Further complainant has admitted in his affidavit that the short credit is seen made good in the bill dated 3/7/2010. It is pertinent to point out that though complainant had deposited Rs. 200/- as caution deposit with 2nd opposite party prior to the transfer of connection from 2nd opposite party's Office to 3rd opposite party's Office, opposite party had taken 8 years to credit the said amount in his account though the said deposit was confirmed by the 2nd opposite party vide Ext. P4. It is further to be noted that the system of noting the caution deposit was introduced from March 2008 onwards. Complainant had noted his short credit from the bill of March 2008 thereafter despite of his repeated approaches opposite party has not taken any steps to credit the amount of Rs.200/- in his account. He had admitted in his affidavit that the said amount was credited only from 7/10 onwards by virtue of the bill dated 3/7/2010. The action of the opposite party will definitely amount to deficiency in service. It is stated by opposite party in their version that interest for caution deposit is eligible to the complainant with effect from the 1st quarter of the financial year 2005 onwards. But no material furnished to prove that aspect. Taking over all situation we view that complainant is entitled to get interest for Rs.200/- @ 9% per annum from the 1st quarter of the financial year 2005 onwards along with Rs.1,000/- towards compensation and cost.
In the result, complaint is allowed. 2nd opposite party shall pay the complainant interest @ 9% per annum for Rs.200/- from the 1st quarter of financial year 2005 onwards along with Rs.1,000/- towards compensation and cost. Complainant shall adjust the said amount in the future bill to be issued to the complainant.
A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum, this the 31st day of March, 2011.
G. SIVAPRASAD,
PRESIDENT.
BEENA KUMARI .A,
MEMBER.
S.K. SREELA,
MEMBER .
ad.
C.C.No: 147/2010
APPENDIX
I. Complainant's witness:
PW1 : N. Gopinadhan
II. Complainant's documents:
P1 : Copy of the notice dated 19/10/2002 issued by the 3rd opposite party to consumer No. 4493 to deposit Rs.930/- more towards cash deposit
P2 : Copy of interim receipt dated 11/11/02 for Rs.470/-. P3 : " Interim receipt dated 30/3/2003 for Rs.460/-.
P4 : " letter dated 11/4/2000 issued by the 2nd opposite party to the complaiannt confirming his consumer earlier deposit of Rs.200/-.
P5 : " bill dated 4/01/2008 issued by opposite party.
P6 : " bill dated 5/3/2008 issued by opposite party.
P7 : " letter dated 12/11/2009 to the 2nd opposite party by the complainant.
P8 : " reply dated 27/10/2009 by the 2nd opposite party. P9 : " bill issued by opposite party dated 4/5/2010.
Opposite parties' witness : NIL
Opposite parties' documents : NIL
PRESIDENT
