District Consumer Disputes Redressal Forum
Civil Station, Palakkad – 678 001, Kerala
Dated this the 30th day of November, 2010
Present: Smt.Seena.H, President
Smt.Preetha.G.Nair, Member
Smt.Bhanumathi.A.K, Member Date of filing: 07/05/2010
CC. No.65/2010
Balkees
Panackalparambu
Alathur
Palakkad 678541 - Complainant
(By Adv.A.K.Muhammed Rafi)
Vs
The Assistant Engineer,
Kerala State Electricity Board
Electrical Model Section Office
Alathur. - Opposite party
(By Adv.L.Namassivayan)
O R D E R
By Smt.Preetha.G.Nair, Member
The complainant is having agricultural land within the limit of Tarur Krishi Bhavan and also having electricity connection from the opposite party vide consumer No.7529. The complainant has applied to the Tarur Krishi Bhavan for exemption from electricity charges for agricultural purpose. The Agricultural Assistant Director has exempted the complainant from paying the electricity charges. After the communication of exemption on 01/07/2005 from Krishi Bhavan the complainant has not paid any electricity charges. Then the opposite party issued a notice dt.20/12/06 to the complainant to pay the arrears of electricity charges before 05/01/2007. The complainant sent letter to the opposite party for her grievance. But there was no remedy. Hence the complainant filed CC.59/07 before the forum seeking an order directing Tarur Krishi Bhavan to pay the electricity charges and directing the Electricity Board to issue separate bills of electricity consumption for agricultural purpose. The complaint was allowed on 30/10/2009. During the pendency of the CC/59/07, the opposite party disconnected the electricity connection in the year 2008. The complainant stated that the agricultural crops were destroyed due to the disconnection of electricity. So the complainant has sold the property and solved the encumbrances for Rs.1,00,000/- due to the loss in agriculture. The complainant sent request to dismantle the connection. But the opposite party has not dismantled the electricity connection. After the order in CC.59/2007, the opposite party issued two bills separately mentioning the amount paid by the complainant and Krishi Bhavan. The complainant and the Krishi Bhavan has paid the amount. Thereafter the opposite party has sent a notice to complainant stating that she should pay the interest for defaulted amount. The said notice is challenged by the complainant and filed complaint seeking an order directing the opposite party
1. To waive of penalty
2. To pay compensation of Rs.1,00,000/- for the loss sustained due to the destruction of crops
3. To pay cost of Rs.1,000/- and
4. To pay compensation of Rs.5,000/- for mental agony
The opposite party filed version stating the following contentions. The opposite party stated that the complainant has not paid the electricity charges after the electricity connection. The Krishi Bhavan has not paid the electricity charges in the name of complainant. So the opposite party submitted that the electricity charges were defaulted in the name of the complainant. As per the order in CC.59/07 the opposite party have issued the split bill to the complainant and Krishi Bhavan. Further opposite party stated that they are omitted to add the interest of the defaulted amount in the notice. So the opposite party submitted that the complainant has not exempted for paying the interest of the default amount. The complainant is liable to pay the bill amount with interest. Opposite party stated that all consumers of the opposite party are liable to pay the interest of the default amount. The opposite party submitted that the complainant is the consumer under the minimum guarantee agreement and she has ready to pay the bill amount per month. But the complainant or Krishi Bhavan has not paid the electricity charges in months. Therefore the complainant is defaulter in paying the electricity charges. The opposite party stated that the complainant is liable to pay the bill amount with interest. The acts of opposite party never comes deficiency in service. The opposite party submitted that they have not declared offer to the farmers. Hence the opposite party prayed for the dismissal of the complaint with cost.
Complainant and opposite party filed chief affidavits. Complainant filed documents. Ext.A1 to A15 marked on the side of complainant. Matter was heard.
Issues to be considered are;
1. Whether there is any deficiency in service on the part of opposite party?
2. If so, what is the relief and cost?
Issues 1 & 2:
We perused relevant documents on record. After the order in CC.59/07 the opposite party has issued a letter dt.22/10/2009 to the complainant for paying 14,817/- as the minimum guarantee amount. As per Ext.A9 the complainant has sent DD of Rs.14,817/- to the opposite party dt.26/11/2009. Thereafter the opposite party issued notice dt.01/12/2009 to the complainant for paying the interest of the default amount. According to Ext.A13 the complainant has sent notice for dismantle the electricity connection. Then the opposite party sent reply notice stating that the charge of dismantle the electricity connection is Rs.100/- and Rs.10/- for application fee along with the interest of the default amount should deposited in the office. The complainant has sent DD of Rs.341/- to the opposite party. But the opposite party sent letter as Ext.A15 stated that as interest of the default amount not paid by the complainant DD received from her is returned back. So the electricity connection of the complainant has not dismantled by the opposite party. As per the order in CC.59/07 the complainant was filed the complaint before the Forum during the period 2007 to 2009. Also the complainant is a farmer and she has needed electricity for the agriculture purpose. After the order in CC.59/07 the complainant has paid the electricity amount as per Ext.A9. Thereafter the complainant has paid the fee of dismantle the electricity connection with the electricity bill amount. But the opposite party has not dismantled the electricity connection. Because the complainant has not paid the interest of the default amount. The complainant has filed CC.59/07 for directing the opposite party to issue separate electricity bills clearly showing the part to be paid by the complainant and Krishi Bhavan. After the order in CC.59/07 the opposite party has issued split bills to the complainant and Krishi Bhavan. In the above discussions we hold the view that there is deficiency in service on the part of opposite party. So the opposite party directed to exempt the complainant for paying the interest of the default amount. Complainant stated that the property was sold and solved the encumbrances in the loss of agriculture for Rs.1,00,000/-. But the complainant has not produced evidence to show the sale of property and encumbrances. Hence the complaint partly allowed.
We order the following.
1. The opposite party shall accept the DD amount of Rs.14,817/- and Rs.341/- without interest of the default amount and dismantle the electricity connection in the name of complainant as the consumer No.7529 within one month from the date of order.
2. To pay Rs.2,000/- (Rupees Two thousand only) to the complainant as cost of the proceedings.
3. If the opposite party failed to accept the DD and dismantle the electricity connection within the ordered period directed to pay an amount of Rs.5,000/- (Rupees Five thousand only) as compensation to the complainant.
Pronounced in the open court on this the 30th day of November, 2010
Sd/-
Smt.Seena.H,
President
Sd/- Smt.Preetha.G.Nair,
Member
Sd/-
Smt.Bhanumathi.A.K,
Member
Appendix
Witnesses examined on the side of complainant
Nil
Witnesses examined on the side of opposite parties
Nil
Exhibits marked on the side of complainant
Ext.A1 – Photocopy of consumer registration card
Ext.A2 – Photocopy of certificate issued by Agricultural Officer, Krishi Bhavan, Tarur
Ext.A3 – Photocopy of Notice No.BB/ALR/06-07 dt.20/12/06
Ext.A4 – Photocopy of letter dt.07/02/07 sent by consumer organization
Ext.A5 - Photocopy of letter dt.20/02/07 sent by consumer organization
Ext.A6 – Photocopy of CC.No.59/2007
Ext.A7 – Photocopy of order dt.30/09/09 in CC No.59/2007
Ext.A8 – Photocopy of letter sent by the Assistant Engineer, Electrical Model Section, Alathur
Ext.A9 Series – Photocopy of DD and letter dt.28/11/09
Ext.A10 – Photocopy of letter sent by opposite party to complainant
Ext.A11 – Photocopy of letter dt.05/12/09 sent by consumer organization
Ext.A12 - Photocopy of letter sent by complainant to opposite party
Ext.A13 - Photocopy of letter sent by opposite party to complainant
Ext.A14 – Photocopy of DD dt.06/04/2010
Ext.A15 - Photocopy of letter sent by opposite party to complainant
Exhibits marked on the side of opposite parties
Nil
Cost (Allowed)
Rs.2,000/-(Rupees Two thousand only) as cost of the proceedings.
