SMT.MOLYKUTTY MATHEW : MEMBER

     This is a  complaint filed by the complainant  U/S 35 of the Consumer Protection Act 2019 for an order directing the OP to stop all further proceedings of the notices dtd.17/8/2023 and 26/12/2023 issued to the complainant  along  with Rs.25,000/- - as compensation for mental agony caused to the complainant and Rs.25,000/- as financial loss incurred  by the complainant for the  deficiency of service and unfair trade practice  on the part of OP.

  The brief of the complaint :

       The complainant has availed an electricity connection from the OP vide consumer No.1166546021252.  The complainant is  regularly paying the charges to the OP for the use of the electrical energy consumed by the complainant on the basis of the meter reading  taken by the OP.  As such the complainant has paid the entire charges up to date  for the  use of the electrical  energy supplied by the OP on the basis of the meter reading  taken by the OP electricity bills are regularly  generated  and  served on the complainant by the OP.  Then the  OP issued a notice dtd.17/8/2023 to the complainant under one time settlement(OTS) scheme 2023 vide No.OTS 2023/056290 wherein  it is stated that an amount of Rs.20,858/- is  due as arrears from the complainant in respect of the consumer number for the period from  4/9/2013 to 4/9/2023.  In the said notice, it is stated that Rs.7525/- is the principal amount and Rs.13,333/- is the interest @18%  per annum up to 1/8/2023.  Immediately the complainant approached OP and enquired the matte.  But the OP was not giving any explanation .  In fact there is no arrears due from the complainant to the OP.  No prior notice was also issued by the OP to the complainant regarding the non-payment or  pendency of the  amount mentioned in the notice.  Thereafter the  OP affixed another disconnection notie dtd.26/12/2023 in the premises of the complainant stating that the amount is not seen remitted.  In the notice it is stated that the  amount of Rs.20,858/- being the electricity charges for the period from  28/5/2013 to 4/9/2023 is not paid within 15 days, the electricity connection will be disconnected without further notice.  But the complainant stated there is no  amount due from the complainant  to the OP   in respect of the consumer number  availed by the complainant.  Hence   the notices dtd.17/8/2023 and 26/12/2023 issued by the OP to the complainant is baseless.   The act of  OP the complainant caused much mental agony and financial loss.  So there is deficiency of service and unfair trade practice on the part of OP.  Hence the complaint.

           After filing this complaint, notice  issued to  OP . The OP received the notice and not appeared before the commission and no version  filed. Ultimately the commission had to hold that the OP has no version as such this case came to be proceed against the  OP is  absent and the OP is not prove their defense also.

    Even though the OP has remained absent, it is for the complainant to establish the allegations made by him against the OP.  Hence the complainant  was called upon to produce evidence in the form of affidavit and documents.   Accordingly the  complainant has chosen to produce  his affidavit along with 2 documents marking them as Exts.A1 and  A2. The complainant  was examined as PW1.  So the OP remained  absent in this case.  At the end the Commission heard the case on merit.

    Let us have a clear glance at the relevant documents of complainant. Ext.A1  is the bill dtd.17/82023 as the consumer No.1166546021252 for one time settlement of Rs.20,858/- is due as arrears from the complainant on 4/9/2013 to 4/9/2023 and Ext.A2 is the disconnection bill of consumer No.1166546021252 dtd.26//12/2023 for an amount of Rs.20,858/.  But the complainant is regularly paying the electricity charges as per the meter reading  taken by the OP according to which the electricity bills are regularly issued by the OP.  The act of OP  the complainant caused much mental agony and  financial loss. The OP directly bound to redressal the grievance caused to the complainant. Therefore we hold that  the bills  (Exts.A1&A2) issued by OP to the complainant  dtd.17/8/2023 and 26/12/2023  are quashed  and the OP is directed to pay Rs.7000/- as compensation  for mental agony caused to the  complainant and  Rs.3000/- as litigation cost to the complainant.

           In the result, the complaint is allowed in part directing  the opposite party  to quashed the Exts.A1&A2  bills dtd.17/8/2023, 26/12/2023 for Rs.20858/- issued by opposite party to the complainant .  The opposite party is  also directed to pay Rs.7000/- as compensation  for mental agony caused to the  complainant and  Rs.3000/- as litigation cost within 30 days of receipt of this order.    If the opposite party fails to comply the order, the   complainant is at liberty to  execute  the  order as  per the  provisions  of Consumer Protection Act 2019.

Exts:

A1&A2- Bill dtd.17/8/2023,26/12/2023

PW1-Obaidulla Khan.A- complainant.

Sd/                                                                  Sd/                                                     Sd/

PRESIDENT                                             MEMBER                                        MEMBER

Ravi Susha                                       Molykutty Mathew                                    Sajeesh K.P

eva           

                                                                        /Forwarded by Order/

                                                                   ASSISTANT REGISTRAR