Date of Filing 25.07.2023

                                                                                                       Date of Disposal: 30.11.2023

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

THIRUVALLUR

BEFORE TMT. Dr.S.M. LATHA MAHESWARI, MA. ML, Ph.D (Law),                                    …….PRESIDENT

               THIRU.P.VINODH KUMAR, B.Sc., BL,                                                                           ……MEMBER-I

CC.No.77/2023

THIS THURSDAY, THE 30^th DAY OF NOVEMBER 2023

Mrs.Tharabai,  W/o.Palani,

Rep. by power agent Karthic,

S/o.Palani, No.2/176, Old Chennai Road,

Thruttani Town,  Thiruvallur District.                                                  ......Complainant.

                                                               //Vs//

1.The Assistant Engineer,

    TNEB, Thiruthani.

2.The Superintending Engineer,

   TNEB, Thiruthani.

3.The Executive Engineer,

    TNEB, Thiruthani.                                                                      ……Opposite parties.

Counsel for the complainant                      : M/s.V.Srinivasa Raghavan, Advocate.

Counsel for the opposite parties             : Mr.V.S.Eswaran, Advocate.

This complaint coming before us on various dates and finally on 21.11.2023 in the presence of M/s.V.Srinivasa Raghavan, counsel for the complainant and Mr.V.S.Eswaran, counsel for the opposite parties and upon perusing the documents and evidences of both sides this Commission delivered the following:

ORDER

PRONOUNCED BY THIRU.P.VINODH KUMAR, MEMBER-I

1. This complaint has been filed by the complainant u/s 35 of the Consumer Protection Act, 2019 alleging deficiency in service against the opposite parties with regard to the electricity service connection along with a prayer to direct the opposite parties to pay a sum of Rs.10,00,000/- towards compensation for the mental agony and hardship caused to the complainant and to pay a sum of Rs.5,000/- towards litigation expenses to the complainant.

Summary of facts culminating into complaint:-

2. That the complainant runs a M.SAND Company in the name and style of Saravana Blue Metal and she had availed the electricity service connection vide No.341-007-193.  During the year 2018 she closed the company and paying the monthly minimum consumption charges.  During November 2022 she had requested the opposite parties 1 to 3 to change the tariff.  She had not paid the current consumption charges and opposite parties disconnected the service connection. On 15.12.2022 she requested the opposite parties to restore the service connection, for that the opposite parties demanded huge amount without any proper calculation.  The 1^st opposite party sent a letter dated 16.05.2023 to pay the electricity charges.  The opposite parties without proper calculation compelled the complainant to pay the amount which amounts to deficiency in service.  The complainant issued a legal notice dated 02.06.2023 to the opposite parties.  Even after receipt of legal notice the opposite parties neither complied the demand nor sent any reply.  Hence the complaint.

The crux of the defence put forth by the opposite parties:-

3. That the opposite parties disputing all the allegations in the complaint and interalia contended that the complainant paid the monthly minimum current consumption charges upto November 2022.  On 08.11.2022 she gave petition to reduce the electricity load from III KW to 48KW.  The complainant failed to pay the minimum charges of Rs.28,282/- for the period of December 2022 and hence the service connection was disconnected on 28.01.2023 as per section 56 of Tamil Nadu Electricity supply code 2004 for non payment of consumption charges.  No such complaint given by the complainant on 15.11.2022.  The complainant submitted the request to reduce the load on 08.11.2022 and accordingly we had prepared an estimate after obtaining necessary approvals and orders from the higher authorities.  The meter was allotted only on 08.05.2023.  On 16.05.2023 the 1^st opposite party sent a letter to the complainant to pay the consumption charges with interest along with reconnection charges to restore the service connection.  Even after receipt of that letter, the complainant had not paid the consumption charges and hence the opposite parties could not process the request of the complainant.  There is no deficiency in service on the part of opposite parties and prays to dismiss the complaint.

4. On the side of complainant proof affidavit was filed and documents marked as Ex.A1 to Ex A6 were submitted. On the side of opposite parties proof affidavit was filed and documents marked as Ex.B1 to Ex.B15 were submitted.

Points for consideration:-

1) Whether there is any deficiency in service as alleged by the complainant against the opposite parties has been successfully proved by the complainant with admissible evidence?

2) If so, to what reliefs the complainant is entitled?

Point No.1:-

5. It is the case of the complainant that she had availed the electricity service connection vide service connection No.341-007-193 and she had paid monthly minimum charges up to November 2022.  Due to non payment of monthly minimum charges the service connection was disconnected.  On 15.12.2022 when requested by the complainant to restore the service connection, the opposite parties demanded huge amount without any proper calculation.  Hence she issued legal notice but the opposite parties failed to comply the demand and hence the complaint.

6. To prove the case, the complainant deposed proof affidavit with 6 documents which were marked as Ex.A1to Ex.A6.  Ex.A1 is the Electricity Card of the complainant, Ex.A2 is the monthly consumption charge collection details, Ex.A3 is the letter sent by the 1^st opposite party, Ex.A4 is the notice issued by the complainant, Ex.A5 is the acknowledgement card and Ex.A6 is the returned cover.

7. Per contra, the opposite parties contended that there is no deficiency in service on their part.  Based on the request from the complainant to reduce the electricity loan from III KW to 48KW, the opposite parties prepared as estimate after obtaining necessary approvals and sanctions.  The meter was allotted only on 08.05.2023 and hence the 1^st opposite party sent letter to the complainant on 16.05.2023 to pay current consumption charges.  Even after receipt of letter, the complainant had not come forward to pay the arrears of current consumption charges.  Hence the opposite parties could not process the request of the complainant to reduce the load from III KW to 48KW.

8. To refute the claim of the complainant the opposite parties deposed proof affidavit with 15 documents which were marked as Ex.B1 to Ex.B15.  Ex.B1 is the application given by the complainant to the 1^st opposite party, Ex.B2 is the requisition for sanction of estimate charge to Assistant Executive Engineer, Ex.B3 is the approval order for reduction of load given by Executive Engineer, Ex.B4 is the sanction given by Assistant Executive Engineer for reduction or loan, Ex.B5 is the payment made by the complainant for estimate cost for reduction of load, Ex.B6 is the work order for reduction of load, Ex.B7 is the requisition letter given by the complainant to the Assistant Executive Engineer for allotment of meter, Ex.B8 is the allotment order for meter, Ex.9 is the meter allotment for the complainant, Ex.B10 is the receipt of meter obtain from the central store at Kancheepuram, Ex.B11 is the letter send by the 1^st opposite party to the complainant for payment of default amount, Ex.B12 is the acknowledgement card and postal receipt, Ex.B13 is the letter sent by the 1^st opposite party to Meter Relay Testing through Assistant Executive Engineer, Ex.B14 is the letter sent by the Meter Relay Testing Kancheepuram to Assistant Executive Engineer regarding the non payment of default amount and Ex.B15 is the complainant consumer ledger.

9. It is not disputed that the complainant had paid the current consumption charges till November 2022.  The counsel for the complainant argued that the complainant submitted an application to the opposite parties to change the tariff during November 2022, however no such documents filed before this Commission.  The details of the tariff requested by her were not mentioned in the complaint.

10. On perusal of documents filed by the opposite parties revealed that the service connection was disconnected on 28.01.2023.  The application to reduce the electricity loan submitted by the complainant was duly considered by the opposite parties and the complainant also paid the estimate amount.  On 16.05.2023 the opposite parties requested the complainant to pay the arrears current consumption charges but the complainant failed to do so.

11. The complainant had not substantiated her case against the opposite parties with proper documentary evidence.  Mere allegations without documents could not establish the case against the opposite parties.

12. We have heard both side arguments and perused all the documents and pleadings of both the parties.  We have come to the conclusion that the opposite parties had not committed any deficiency in service as alleged by the complainant. This point is answered accordingly.

Point No.2:-

13. As we have held above the complainant had failed to prove that the opposite parties had committed any deficiency in service, she is not entitled to get any relief from this Commission.  Hence the complaint is liable to be dismissed. Thus we answered the point accordingly.

In the result, the complaint is dismissed.  No order as to cost.

Dictated by the Member-I to the steno-typist, transcribed and computerized by him, corrected by the Member-I and pronounced by us in the open Commission on this 30^th day of November 2023.

  -Sd-                                                                                                                         -Sd-

MEMBER-I                                                                                                      PRESIDENT

List of document filed by the complainant:-

List of document filed by the opposite parties:-

      -Sd-                                                                                                                    -Sd-

MEMBER-I                                                                                                      PRESIDENT