IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, ALAPPUZHA

Wednesday the 22^nd  day of December, 2021.

                                      Filed on 21-05-2019

Present

1. Sri.S.Santhosh Kumar  BSc.,LL.B  (President )
2. Smt. Sholy.P.R, B.A, LLB (Member)

In

CC/No.117/2019

between

Complainant:-                                                             Opposite party:-

Sri .N. Sasidhara Kurup                                           The Assistant Engineer

Kurumbolil Kizhakkekara                                        KSEB Sub Division

Mattappally, Nooranadu.P.O                                    Nooranadu.P.O

Alappuzha-690 504                                                 Aappuzha

(Party in person)                                                      (Adv. Jayan.C.Das)

O R D E R

SRI. S.SANTHOSH KUMAR (PRESIDENT)

Complaint filed u/s 12 of the Consumer Protection Act, 1986.

1.      Complainant’s case briefly stated is as follows:-

Complainant is a consumer having no. 1894 of the KSEB  Nooranadu Sub Division.  On account of a surgery to his mother for 1 ½ weeks complainant was at the CM hospital, Pandalam and the house was locked.  Since he was in hospital he could not pay the bill  which was due on 23/4/2019.   Several medicines such insulin were kept in the refrigerator and without any notice KSEB disconnected his connection. Originally he was under the impression that it was power supply failure and later in the evening he came to know that it was disconnected by the KSEB.   On account of the act of the KSEB medicine worth Rs.6000/- which were kept in the refrigerator became useless. The connection was restored after about 30 hrs. Hence compensation may be awarded to the complainant and necessary action may be taken against the employees.

2.      Opposite party filed a version mainly contenting as follows:-

 The connection is infavour of Sri. Nanu Pilla, Karambolil, and the KSEB used to issue bill once in two months.  On 22/3/2019 demand and disconnection No.5529190316917 for Rs.807/- for the consumption for 205 units was issued.  The bill amount was to be paid on 1/4/2019 without interest and the disconnection date was 23/4/2019.  The bill amount can be paid without any interest for 10 days and with interest for 15 days.  Since the bill amount was not paid disconnection was done.  When the complainant informed that there is no power supply in his house, on enquiry it was noticed that there was arrears in the bill amount and he was requested to pay the same. On 27/4/2019 the bill amount was paid and connection was restored.  Disconnection was done in accordance with law and there was no deficiency of service. Hence the complaint may be dismissed with cost.

3.      On the above pleadings following points were raised for consideration?

1. Whether there was any deficiency of service from the part of opposite parties?

2. Whether the complainant sustained loss of Rs.6000/-  being the value of medicine due to the act of the opposite parties?

3. Whether the complainant is entitled for compensation?

4. Reliefs and cost?

4.      Evidence in this case consists of the oral evidence of PW1 and Ext.A1 from the complainant.  Opposite party has not adduced any evidence either oral or documentary.

5.      Points No. 1to 3:-

PW1 is the complainant in this case. He filed an affidavit in tune with the complaint and marked Ext.A1.

6.      The case advanced by the complainant is that he is a consumer of opposite party KSEB Sub Division, Nooranadu having consumer No.1894.  He received a bill which was due on 23/4/2019.  However since he was in the hospital along with his mother he could not pay the bill. When he returned it was noticed that KSEB had disconnected his power supply.  He sustained a loss of Rs.6000/- being the value of medicines kept in the refrigerator and hence he has filed this complaint claiming compensation.  In the version filed by the opposite party it is contended that the bill was issued on 22/3/2019 for Rs.807/- being the value of consumption of electricity for the previous two months.  The bill can be paid without interest till 1/4/2019 and the disconnection date is 23/4/2019 since the bill was not paid disconnection was done.  The grievance of the complaint is that without giving any notice opposite parties disconnected his power supply.  Per contra the contention of the opposite party is that the bill issued is a demand cum disconnection notice and hence further notice is not necessary for disconnection.  The learned counsel appearing for the opposite party relied upon a ruling of the Hon’ble High Court in  Prabhu Vs. KSEB (2021 (6) KLT 387) and pointed out that the notice is  demand cum disconnection notice and so further  notice is not necessary.  It was held by the Hon’ble High Court

“ A notice in writing means, it should be made clear in black and white  that if the consumer is not paying  in the  bill within the time period prescribed in the bill, the  Board will be at liberty to disconnect the supply after 15 clear day’s notice.”  What the consumer is required, information has to the due date for payment and if not done, what is the consequence there of is it not provided in the bill. Answer is yes.   The said aspect is clearly  mentioned the bill itself and therefore,  the contentions raised by the petitioner that there should be a separate notice issued before the power is disconnected cannot be sustained under law”

7.      Here in this case admittedly Demand cum disconnection notice was issued on  22/3/2019 and the last day of payment was on 23/4/2019. Since the bill amount was not paid power supply was disconnected by the opposite party.  The contention of the complainant that further notice was not issued before disconnection is un founded in view of the decision of the Hon’ble High Court referred above.  In the circumstances complaint is not maintainable and complainant is not entitled for any relief since there was no deficiency of service from the part of opposite party.  What they have done is in accordance with law. These points are found against the complainant.

8.      Point No.4:-

          In the result complaint is dismissed.  Parties are directed to bear their respective cost.

Dictated to the Confidential Assistant, transcribed by him corrected by me and pronounced in open Commission on this the 22^nd       day of December, 2021. 

                                Sd/-Sri.S.Santhosh Kumar(President)

        Sd/- Smt.  Sholy.P.R (Member)

Appendix:-Evidence of the complainant:-

PW1                    -        Sasidharakurup (Complainant)

Ext.A1                -        Discharge Summary      

Evidence of the opposite parties:-NIL        

//True Copy ///

To     

          Complainant/Oppo. party/S.F.

                                                                                                     By Order

                                                                                                  Assistant Registrar

Typed by:- Br/-

Compared by:-