DOF.19.07.2013
DOO.30.11.2013
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KANNUR
Present: Sri.K.Gopalan : President
Smt.Sona Jayaraman.K : Member
Sri.Babu Sebastian : Member
Dated this, the 30th day of November 2013
CC.206/2013
K.P.Prabhakaran,
‘Rajinalayam’
Chithrari,
Pattannur 670 595 Complainant
M.Sanil Kumar,
Akshaya E Kendra,
Thatari
P.O.Anjarakandy 670 612. Opposite party
O R D E R
Smt.Sona Jayaraman.K, Member
This is a complaint filed under section 12 of consumer protection Act for an order directing the opposite party to return Rs.325 which have been paid in the office of the opposite party and to pay an amount of Rs.50,000 towards compensation.
The facts of the case of the complainant in brief are as follows:
The complainant had paid an amount of Rs.325 in the Akshaya Kendra conducted by the opposite party on 23-04-2013 towards his electricity bill along with service charge of opposite party. Although opposite party issued receipt for payment of electricity bill he has not paid the amount in Electricity office. When the Electricity officials informed complainant about non-payment of bill, he contacted the opposite party. The opposite party assured him that he will return back the amount. But the same was not returned back or he paid that amount before the Electricity Board. On 23-06-2013 again electricity officials came and informed the complainant that they are going to disconnect the electric connection of complainant’s home as he has not paid the electricity bill. So the complainant went to Kerala State electricity office at Chalode and paid the electricity bill amount with fine. Although opposite party promised to repay the amount he has not done that. The acts of the opposite party amounts to deficiency in service and it caused loss and mental agony to the complainant. Hence this complaint.
On receiving the complaint Forum sent notice to the opposite party. But the opposite party refused to accept the notice and notice was returned as ‘unclaimed’. The opposite party has not appeared before the Forum and hence he was called absent and declared set exparte. Thereafter exparte evidence was taken.
The important point to be decided is whether there is any deficiency in service on the part of the opposite party. The evidence in this case consists of the chief affidavit filed by the complainant in lieu of chief examination and Ext.A1 to A4 marked on his side.
Complainant filed chief affidavit in tune with the pleadings in the complaint. He has given evidence that he went to the office of the opposite party and paid Rs.325 towards electricity bill and service charge of opposite party. Ext.A1 is the receipt which shows the payment in the office of the opposite party. Ext.A1 shows that the complainant has made payment before opposite party. Ext.A2 is the electricity bill, the amount of which was remitted by the complainant before the opposite party. Ext.A3 is the other bill dated 22-06-2013 which shows that the amount in Ex.A2 bill has not been paid by the opposite party. Ext.A4 shows that entire amount has been remitted by the complainant with fine.
The refusal of notice by the opposite party and his non appearance before this Forum and not filing version reveals the indifferent attitude of the opposite party. Ext.A1 document made it clear that the complainant had paid the bill amount before the opposite party. Ext.A3 document shows that the opposite party has not paid the bill amount to Electricity Board. Ext.A4 shows that complainant has paid the bill with fine. So it is clear that there was deficiency in service on the part of the opposite party. It can be seen that the act of the opposite party caused mental agony to the complainant.
Hence we are of the opinion that the opposite party is liable to return back the amount of Rs.325 which he has collected from the complainant and Rs.35 which the complainant has paid towards the dues with interest@12% per annum from the date of filing of the complaint till payment. Complainant is also entitled to get an amount of Rs.1,000 as compensation towards mental agony and Rs.1,000 as cost of this proceeding.
In the result, the complaint is allowed directing opposite party to return back Rs.360 (Rupees Three hundred and sixty only) paid by the complainant towards electricity bill and service charge with interest @12% p.a from the date of filing of the complaint till payment . It is further directed to pay a sum of Rs.1000(Rupees One thousand only) as compensation towards the mental agony suffered by the complainant together with an amount of Rs.1000(Rupees One thousand only) as cost of this litigation. Opposite party shall make the payment of amount within one month from the date of receipt of this order, failing which the complainant is entitled to execute the order as per the provisions of consumer protection Act.
Sd/- Sd/- Sd/-
President Member Member
APPENDIX
Exhibits for the complainant
A1. Receipt issued by OP
A2 & A3.Bills issued by KSEB
A4.Receipt issued by KSEB
Exhibits for the opposite party: Nil
Witness examined for either side: Nil /forwarded by order/
Senior Superintendent
Consumer Disputes Redressal Forum, Kannur.
