Date of filling     :  19.08.2016                                                                                Date of order      :  28.09.2022

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, VELLORE

PRESENT: THIRU. A. MEENAKSHI SUNDARAM, B.A., B.L.     PRESIDENT

                                THIRU. R. ASGHAR KHAN, B.Sc., B.L.                    MEMBER – I

        SELVI. I. MARIAN RAJAM ANUGRAHA, M.B.A.,     MEMBER-II

WEDNESDAY THE 28^TH DAY OF SEPTEMBER  2022

CONSUMER COMPLAINT NO. 19/2016

Manimaran,

At E-103, Nethaji Market,

Saradhi Mansion,

Vellore.                                                                                          ...Complainant  

-Vs-

1. Tamil Nadu Electricity Board,

Vellore Division,

Centre Section Represented by

      It’s Junior Engineer, Vellore,

      Office at Fort Round Road,

      Vellore.          

2. Tamil Nadu Electricity Board,

Vellore division,

by it’s Superintend Engineer,

Vellore.

3. The Corporation of Vellore,

Represented by it’s Commissioner, Vellore,

Office at Anna Salai, Vellore.                                                 ....Opposite parties

Counsel for Complainant                                  :  Thiru. J. Balamurugan

Counsel for first and second opposite parties   :  Thiru. B. Annamalai

Opposite party -3                                               :  Set exparte on 3.7.2017

ORDER

THIRU. A. MEENAKSHI SUNDARAM, B.A.,B.L.PRESIDENT

            This complaint has been filed Under Section 12 of Consumer Protection Act 1986.   The complainant has prayed this Hon’ble commission to direct the opposite party to get transferred the petitioner’s name in the existing electricity service connection regarding the premises and change over the existing industrial tariff for computing the consumption charges to commercial one on the basis of the business run  in the suit premises and also to pay a sum of Rs.50,000/- towards damages & cost of the complaint.

1.The case of the complaint is briefly as follows:

            The complainant doing business at E-103, Nethaji market, Sarathi Manson, Vellore.  The third opposite party is the owner of the said building  and there is no dispute between the complainant and the third opposite party with regard to landlord–tenant  relationship.  Initially, the aforesaid properties was in possession  with the one Jayaraman and his possession was recognised  by the Corporation of Vellore.  After his period, the tendency was took over by the complainant herein.  The electricity service connection bearing number 082160060010 was in existence for the aforesaid  premises  and the said service connection stands in the name of the Jayaraman. After the tendency of the said Jayaraman, the complainant  is in possession of the above said premises and doing availability business and he used to pay electricity charges regularly under the industrial tariff.  The complainant requested the first opposite party to change the electricity connection in his name. But there was no fruitful result.  Therefore, the complainant issued legal notice on 4.9.2015. Even then there was no response from the first and second opposite parties. The complainant being the tax assessment in his name for the aforesaid premises and regularly being the rent to the third opposite party. The complainant is entitled to get transferred the connection in his name.   Hence, this complaint. 

2. Written version of first opposite party is as follows: 

            The petitioner had not approached any of the officials of TANGEDCO and fulfilled the requirement of the TNERC’s regulation, the regulation which regulates the procedure for getting the change the name of the holder of the Electricity service connection and change of tariff, Section 50 of Electricity Act read with section 181 of the said act enables the  TNERC to specify the codes.  Regulation 5 (7) of TNERC’s supply code specifies as follows:

Name Transfer charge:  

            Every application for transfer of name consequent to the death of the consumer shall be in Form 1) * Appendix to this code accompanied  by:

1. Legal heirship certificate from the Tahsildar concerned or proof of ownership such as local body tax receipts (latest)
2. No objection certificate from other legal heirs, if any, (or) an indemnity bond in form (3) in Appendix to the is code on non judicial Stamp paper for a value of Rs.80/- and a sworn – in affidavit and authenticated by Notary public or by gazette officer to show the status of legal heirs.
3. Fresh application with fee to be specified by the commission and agreement form.  

Every application for transfer of name, in other cases, shall be in forms (1) and (2) in Appendix to this coder accompanied by-

1. The document supporting the transfer with an undertaking in form (4) in Appendix to this code. 
2. Consent letter from the consumer for the transfer of the security deposit * if it is not include in the document supporting the transfer.  Where no such consent letter can be produced, the applicant shall pay fresh Security Deposit,
3. Fresh application with fee to be specified by the Commission and agreement form.  
4.  

             Previously Electricity service connections were effected in the premises at Nethaji  Market owned by Vellore Municipality in the name of tenants based on the allotment  letters.  But, now the municipality gets the service  in the name of the  Commissioner , Vellore City Municipal Corporation  not in the  name of the tenant and all the services are effected in the name of Commissioner, Vellore Municipality.  As  such no third parties could make an agreement between them for any purpose in the premises owned by Corporation of Vellore (Previously Vellore Municipality).  Now, all the name transfer documents and other documents specified under Regn.5(7) of TNERC’s are to the signed only by the Commissioner, Corporation of Vellore. Or any authorized official of the said corporation. The complaint Thiru. Manimaran instead of following a proper way by approaching the proper officials in TANGEDCO has submitted misleading facts to the Forum. Hence, this Hon’ble Commission may dismiss the compliant with cost.  

3.         On receipt of this notice from this Hon’ble Commission.  The third opposite party did not appear, several opportunities given, the third opposite party called absent and set exparte.

4.         Proof affidavit of complainant filed. Ex.A1 to Ex.A4 were marked. Proof affidavit of opposite parties not filed. Document not filed.  Written arguments of both sides not filed. First  opposite party side  oral argument heard.  

5. The Points that arises for consideration are:

         1.   Whether there is any deficiency in service on the part of the opposite   

               parties?

         2.   Whether the complainant is entitled for relief as claimed in the complaint?          

         3.   To what relief, the complainant is entitled to?

6. POINT NOS.1 & 2:          In the present case, he has filed tax receipt in his name and marked as Ex.A1. Therefore in view of the opposite party’s regulations itself,  the complainant is entitled for transfer the existing services connection in his name.  But the opposite party did not change the service connection in the name of the complainant, despite his representation with the tax receipt the reason best known to the opposite party.  Further the third opposite party also did not mark any objection by appearing before this commission.  Therefore, we find that there is a deficiency in service on the part of the opposite parties for not changing the name of the complainant in the existing service connection for the aforesaid premises.  Despite production of the receipt in his name.  Hence, these point Nos. 1 and 2 are decided in favour of the complainant. 

7. POINT NO. 3:    As we have decided in Point Nos. 1 and 2  that there is a deficiency in service on the part of the opposite parties 1 to 3. The first opposite party is hereby directed the transfer the electricity service connection in the name of the complainant for the premises at E-103, Nethaji Market, Saradhi Mansion, Vellore and opposite parties 1 to 3 are jointly or severally directed to pay a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) as compensation for deficiency in service and mental agony and also to pay a sum of Rs.25,000/- ( Rupees Twenty Five Thousand only) towards cost to the complainant.  Hence, this Point No. 3 is also answered accordingly.

8.         In the result, this complaint is partly allowed. The first opposite party is hereby directed the transfer the electricity service connection in the name of the complainant for the premises at E-103, Nethaji Market, Saradhi Mansion, Vellore and opposite parties 1 to 3 are jointly or severally directed to pay a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) as compensation for deficiency in service and mental agony and also to pay a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) towards cost to the complainant, within one month from the date of receipt of this order, failing which the above amounts shall carry interest at the rate of 9% per annum from the date of this order to till the date of realization.    

Dictated to the steno-typist transcribed and typed by her corrected and pronounced by us in the open Commission on this the 28^th September 2022.

    Sd/-                                             Sd/-                                                         Sd/-

MEMBER –I                                    MEMBER-II                                     PRESIDENT 

LIST OF COMPLAIANNT SIDE DOCUMENTS:

Ex.A1                    -  Copy of rental receipts for the premises

Ex.A2                    -  Copy of the Electricity meter

Ex.A3                    -  Copy of Electricity receipts

Ex.A4-04.09.2015 -  Copy of Legal Notice

LIST OF OPPOSITE PARTIES SIDES DOCUMENTS:                -NIL-

    Sd/-                                             Sd/-                                                         Sd/-

MEMBER –I                                    MEMBER-II                                     PRESIDENT