DATE OF FILING :11.01.2011
BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI
Dated this the 22nd day of February, 2011
Present:
SRI.LAIJU RAMAKRISHNAN PRESIDENT
SMT.SHEELA JACOB MEMBER
SMT.BINDU SOMAN MEMBER
C.C No.12/2011
Between
Complainant : James A.P,
Arackal House,
Kodikkulam P.O,
Vnnappuram,
Idukki District.
(By Adv: K.M.Sanu)
And
Opposite Parties : 1. The Assistant Engineer,
Kerala State Electricity Board,
Electrical Section,
Kaliyar P.O, Vannappuram,
Idukki District.
2. The Assistant Executive Engineer,
Kerala State Electricity Board,
Electrical Section,
Kaliyar P.O, Vannappuram,
Idukki District.
3. The Secretary,
Kerala State Electricity Board,
Vydhyudhi Bhavan,
Pattom P.O, Thiruvananthapuram.
(All by Adv: C.K.Babu)
O R D E R
SRI.LAIJU RAMAKRISHNAN(PRESIDENT)
The complainant is conducting an SSI unit in the name and style "Arackal Oil Mills" at Kodikkulam for the production of coconut oil, curry powder etc. Another room adjacent to the SSI unit is used for the retail sale of these materials which are manufactured in the SSI Unit. The complainant is having an electric connection under LT IV tariff as consumer No.6839 from 1999 onwards. The APTS of the opposite party inspected the complainant's building on 22.06.2010 and a provisional bill for Rs.18,200/- was issued on the same day itself. A demand notice was issued on 13.07.2010 for the same. So the complainant filed a complaint as C.C No.159/2010 before this Forum and it was disposed on merits by this Forum on 29.10.2010. As per the order of this Forum the complainant approached the opposite party to pay the bill amount, but the opposite party was not ready to receive the amount. On 29.12.2010 the opposite party issued another bill for Rs.20,067/- and it was demanded to pay the bill within 15 days. The opposite parties demanded the amount for the electrical energy used in the same period as in CC No.159/2010. So this petition is filed for cancelling the bill issued by the opposite party, because once the bill amount was already disputed by the complainant and an order was pronounced by this Forum for the bill dated 13.07.2010.
2. The opposite parties filed a written version and submitted that as per the order of this Forum in C.C No.159/2010, 10 instalments were given for the payment for Rs.18,200/- and the Assistant Engineer, Electrical Section, Vannappuram issued a notice to the complainant to pay Rs.1,820/- on 30.12.2010, copy of the same is also produced. But the complainant never paid any amount as current charges for the bill dated 13.07.2010 for unauthorised extension of 540 watts connected load for commercial purpose. It is submitted by the learned counsel for the opposite parties that no bill has been issued by the opposite party for an amount of Rs.20,067/-, it is only a statement of arrears for the previous bill dated 13.07.2010 because the complainant never paid any amount to the opposite party as per the order of this Forum dated 29.10.2010 in C.C No.159/2010.
So we think that once the matter was already disposed by this Forum and the complainant was directed to pay the electricity bill in 10 instalments. But it was not done by the complainant and so the opposite party issued a statement of arrears on 29.12.2010 for an amount of Rs.20,067/-. But the complainant never paid the amount as per the order of this Forum. So the petition cannot be considered because the cause of action for the case is one and the same in C.C No.159/2010.
Hence the petition dismissed.
Pronounced in the Open Forum on this the 22nd day of February, 2011
Sd/-
SRI. LAIJU RAMAKRISHNAN(PRESIDENT)
Sd/-
SMT. SHEELA JACOB(MEMBER)
Sd/-
SMT. BINDU SOMAN(MEMBER)
APPENDIX : Nil
