By. Sri. Chandran Alachery, Member:
The complaint is filed Under section 12 of the Consumer Protection Act of 1986 for an Order directing the opposite parties to pay a sum of Rs.3,655/- to the complainant with 18% interest and to pay a compensation of Rs.50,000/- and cost of the proceedings.
2. Brief of the complaint:- The complainant was the owner of the building with 10 rooms in Sulthan Bathery Taluk, Nenmeni amsom desom in R.S 53/1 and the complainant got electricity connection from opposite party to this 10 rooms wide consumer Nos.1821,1822, 1823, 1824, 1825, 1826, 1827, 1828, 1829 and 15786. The complainant sold the building consisting of 10 rooms to one Chinkili Subaida, D/o. Abdulla, Kalluvayal, Sulthan Bathery Post, Sulthan Bathery amsom desom of Sulthan Bathery Taluk as per sale Deed No.6535/10 of SRO, Sulthan Bathery on 11.11.2010. The complainant already remitted the entire electricity charges till the sale of the building. The complainant then informed the opposite parties in writing with regard to the sale of building along with the copy of Sale Deed. The 1st opposite party thereafter not gave any information to the complainant regarding the arrear bill and later the opposite parties had taken steps to recover electricity charge for 8 rooms during the period of 2012-13 from the complainant by adopting Revenue Recovery proceedings. The complainant received Revenue Recovery Notice from village office. Then the complainant send a notice to 2nd opposite party stating all aspects and to recall the Revenue Recovery proceedings. The 2nd opposite party received the notice on 30.11.2012 but not replied or withdraw the Revenue Recovery proceedings. Thereafter the complainant remitted Rs.3,655/- in Kuppadi Village Office on 30.01.2013. The complainant alleged that the act of opposite parties are nothing but deficiency of service for which the opposite parties are liable to compensate the complainant. Hence this complaint.
3. On receipt of complaint, notices were issued to opposite parties and opposite parties appeared before the Forum and filed version. In the version, the opposite party stated that as per K.S.E. Board terms and conditions of supply section 19(3), if ownership changes, within 7 days, the change of ownership should be informed to the Assistant Engineer or Executive Engineer and follow the rules. In this case, the complainant send the alleged information only after 11 months of sale and the complainant did not give application as per rules to change of ownership so far. The electricity connection is still in the name of complainant. The opposite party stated that the opposite party dismantled the connection in consumer No.1821 on 25.11.2011 after depositing Rs.430/- in consequences of Revenue Recovery proceedings. Consumer No.1822 dismantled, Consumer No.1823 deposited and dismantled, Consumer No.1824 Revenue Recovery started, Consumer No.1825 deposited and dismantled, Consumer No.1826 deposited and dismantled, Consumer No.1827 deposited and dismantled, Consumer No.1828 Revenue Recovery pending, Consumer No.1829 deposited and dismantled, Consumer No.15786 deposited. So the contention of the complainant that the electricity charge for the 8 rooms are in the year 2012-13 is false and misleading.
4. On going through the complaint, version and documents, the Forum raised the following points for consideration:-
1. Whether there is any deficiency of service from the part of opposite parties?
2. Relief and Cost.
5. Point No.1:- In addition to complaint, the complainant filed proof affidavit and produced documents. The complainant is examined as PW1 and documents are marked as Ext.A1 to A7. Ext.A1 is the Certified copy of Sale deed No.6535/10 of SRO, Sulthan Bathery. Ext.A2 is the letter of information send by the complainant to the Assistant Engineer, KSEB, Sulthan Bathery. Ext.A3 is the Acknowledgment Card and postal receipt. Ext.A4 is the receipt for the remittances of Revenue Recovery amounts 'a' to 'H'. Ext.A5 is the Payment Receipt, Ext.A6 series are the Revenue Recovery Notices 10 in numbers. Ext.A7 is the Acknowledgment Card. The opposite party also filed proof affidavit and the 1st opposite party is examined as OPW1. On going through the documents, the alleged intimation send by the complainant to opposite party is marked as Ext.A2. On going through the contents of Ext.A2, the complainant informed the fact of sale of electricity connected premises to one Chinkili Subaida on 11.11.2010. But Ext.A2 did not contain a request by complainant to opposite party to change the ownership from the name of complainant to Chinkili Subaida. No application under rules is filed by complainant to opposite party so far. More over, on going through the evidence, the Forum found that the complainant was keeping mum after Ext.A2 intimation and the complainant never enquired about the consequences of Ext.A2 intimation till the filing of complaint. So the Forum found that there is clear latches on the part of complainant. If proper application is submitted by the complainant, opposite parties would have took up the matter and changed the ownership as per law. But it was not done by the complainant. So the Forum opine that the opposite parties cannot be held liable for the fault of complainant. Therefore, the Forum found that there is absolutely no deficiency of service from the part of opposite parties in dealing the matter. The Point No.1 is found accordingly.
6. Point No.2:- Since the Point No.1 is found in favor of opposite parties, the complainant is not entitled to get cost and compensation and other remedies as per complaint. The Point No.2 is decided accordingly.
In the result, the complaint is dismissed. Both parties must bear their respective costs.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 24th day of October 2014.
Date of Filing:02.04.2013.
PRESIDENT :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX
Witness for the complainant:-
PW1. O.A. Radhakrishnan. Complainant.
Witness for the opposite parties:-
OPW1. Polachan. V. O. Assistant Executive Engineer, KSEB, Electrical
Sub-Division, Sulthan Bathery.
Exhibits for the Complainant:-
A1. Copy of Sale Deed.
A2. Copy of letter. Dt:13.10.2011.
A3. Acknowledgment Card and Postal Receipt.
A4(Series). (a). Receipt. Dt:30.01.2013.
(b). Receipt. Dt:30.01.2013.
(c ). Receipt. Dt:30.01.2013.
(d). Receipt. Dt:30.01.2013.
(e). Receipt. Dt:30.01.2013.
(f). Receipt. Dt:30.01.2013.
(g). Receipt. Dt:30.01.2013.
(h). Receipt. Dt:30.01.2013.
A5. Receipt. Dt:30.07.2013.
A6(Series). Revenue Recovery Notices (10 Nos).
A7. Acknowledgment Card.
Exhibits for the Opposite Parties:-
Nil.
Sd/-
PRESIDENT, CDRF, WAYANAD.
