By Sri.M.S.Sasidharan, Member
The complainant’s case is that he is undertaking the complainant firm namely Cine Colour Lab. It is inherited by him after his father’s death. An electricity connection was availed from the respondents to the room where in the disputed studio is being undertaken vide consumer No.8869-B, 620. The respondents issued a notice dated 19/11/2007 to pay Rs.13,444/- as arrears of electricity charges. This amount includes penal interest. But the amount stated in the notice is false and the complainant is not liable to pay the amount. He is ready to pay the fixed charge and energy charges. The respondents disconnected the supply of electricity on 2009 though the notice was issued on 2007. Since the complainant has no dues to pay the disconnection is illegal and so the notice dated 19/11/2007 is liable to be set aside. Hence the complaint filed.
2.The counter averments are that it is not correct that the complainant had remitted all the previous electricity bills. There existed an amount of Rs.10,17,733/- as arrears of electricity charges upto 6/2009. The complainant used to file complaints on every bill issued by the respondents. Hence dismiss the complaint.
3. Points for consideration are that :
1) Is the complainant entitled to pay the Exhibit P1 bill amount ?
2)Other reliefs and costs ?
4.Evidence adduced are Exhibits P1 to P3 only. Respondents submitted no evidence. No oral evidence has been adduced by the complainant and the respondents.
5.Points:The complaint is filed against the Exhibit P1 bill. The complainant has stated that he used to pay the electricity charges and no amount is due from him. But the respondent issued the Exhibit P1 demand and disconnection notice for s.13,444/-. The amount includes penal interest which the complainant is not liable to pay. The complainant has also stated that the respondents disconnected the supply only on 2009, though the Exhibit P1 bill was issued on 13/11/2007. The complainant claims that Exhibit P1 bill is an illegal one and hence the disconnection made on the basis of Exhibit P1 bill is also illegal. The respondents have stated that it is not correct that the complainant paid all the previous bills. An amount of Rs.10,17,733/- is due from the complainant as arrears of electricity charges.
6. The disputed Exhibit P1 bill is perused. Rs.3,269/- is stated s energy charges and Rs.9,383-02 is stated as penal interest for belated payment. But no explanation has been given for the belated payment and no arrear amount is stated in the Exhibit P1 bill. Even in their counter statement no explanation has been given. The Exhibit P1 bill is issued on 13/11/2007. However the supply was disconnected on 2009. The reason for the delay is not seen stated anywhere. The respondents have stated that an amount of Rs.10,17,733/- is due from the complainant. But no evidence is produced to prove this and no serious steps has been taken to collect such a huge amount. So the respondents failed to prove the Exhibit P1 bill amount. And hence it is liable to be set aside.
7. In the result the complaint is allowed and the Exhibit P1 bill is set aside. Amount remitted as per the orders issued in IA.767/2009 dated 17/6/2009 is to be adjusted in future bills.
Dictated to the Confdl. Asst., transcribed by her, corrected by me and pronounced in the open Forum this the 1st day of January 2013.
