DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

Civil Station, Palakkad 678001, Kerala

Dated this the 30^th day of September, 2009

Present: Smt.Seena.H, President

Smt.Preetha.G.Nair, Member

Smt.Bhanumathi.A.K, Member

C.C.No.59/2007

1.Assanar @ Vellakutty,

S/o.Kunhanamil,

Puthenkulambu,

Vavulliapuram Post,

Alathur, Palakkad.

(By Adv. Sajan Philip)

2. Beepathumma,

W/o.Kunjalan,

Puthenkulambu,

Vavulliapuram Post,

Alathur, Palakkad.

(By Adv. Sajan Philip)

3. Balkees,

W/o.Usman,

Panackalparambu,

Alathur, Palakkad. - Complainants

(By Adv. Sajan Philip)

Vs

1. The Assistant Executive Engineer,

KSEB, Electrical Major Section,

Alathur Post,

Palakkad.

2. The Assistant Engineer,

Electrical Major Section,

Alathur Post,

Palakkad.

3. The Krishi Officer,

Tarur Krishi Bhavan,

Tarur Post, Palakkad.

4. The Agricultural Assistant Director,

Assistant Director's Office,

Alathur, Palakkad. - Opposite parties.

O R D E R

By Smt.Preetha.G.Nair, Member

Complainants are consumers of 1^st and 2^nd opposite parties using electricity for agricultural purpose. They applied before the 3^rd opposite party for exemption from electricity charges since they are entitled for the same as per the norms prescribed. The 4^th opposite party considered their application and exempted them from paying the electricity charges. After the communication of exemption on 01/07/2005 obtained from 3^rd opposite party the complainants has not paid any electricity charges. Subsequently 1^st opposite party issued a notice dt.20.12.06 to the complainants calling upon them to pay the arrears of electricity charges before 05.01.07. The complainants preferred their grievance before all the opposite parties directly and in writing. But there was no remedy. Hence this complaint filed seeking an order directing 3^rd and 4^th opposite parties to pay the electricity charges of complainants, to pay Rs.1,000/- each as compensation and directing 1^st and 2^nd opposite parties to issue separate bills of electricity consumption for agricultural purpose.

2. All opposite parties represented before the Forum. 1^st and 2^nd opposite parties filed version. According to them the complainants are the among five beneficiaries in the minimum guarantee agreement. The establishment charge is Rs.1,84,146/-. After deducting Rs.20,000/- each to five beneficiaries (i.e. Rs.20,000 X 5 = 100000) what remain is Rs.84,146/-. That amount is equally divided among the beneficiaries. That will come to Rs.850/- per month to each consumer. They agree that the complainants were initially exempted from the payment of electricity charges. But subsequent to that 3^rd opposite party has communicated the complainants that they are entitled only for the exemption of charges for electricity they consumed. Further 3^rd opposite party requested the 1^st opposite party to issue separate bills showing electricity charges to be paid by 3^rd opposite party and invoice for minimum guarantee charges to the complainants. But according to 1^st and 2^nd opposite parties, they cannot issue invoice separately since the systems they follow does not permit them to do so.

Complainants filed affidavit along with documents. Exts.A1 to A9 marked. 1^st and 2^nd opposite party filed affidavit. 3^rd and 4^th opposite parties has not filed any affidavit.

Issues for considerations are;

1. Whether there is any deficiency of service on the part of opposite parties?

2. If so, what is the relief and cost?

Points 1 & 2: We perused relevant documents on record. The complainants are exempted from the payment of electricity bill with respect to the electricity connection vide letter dt. 01.07.05, as per the order of Agricultural Director in file No.T.A(2)4955/2003 dt.29.04.05. Said letters are marked as Ext.A1 series. Ext.A1 series was issued from the 3^rd opposite party's office. 3^rd and 4^th opposite parties represented before the forum after receiving the notice. But no version or affidavit was filed. In short the 3^rd and 4^th opposite parties has not adduced any evidence before the forum. The 1^st and 2^nd opposite parties stated that the complainants were initially exempted from the payment of electricity charges. But subsequent to that the 3^rd opposite party has communicated to the complainants that they are entitled only for the exemption of charges for electricity they consumed. 3^rd and 4^th opposite parties has not adduced any evidence in the form of affidavit before the Forum. Hence we hold the view that there is deficiency in service on the part of opposite parties 3^rd and 4^th. We are not attributing any deficiency in service on the part of opposite parties 1 and 2 since they have acted as per the intimation given by 3^rd and 4^th opposite parties.

In the result complaint allowed. We order the following.

1. 1^st and 2^nd opposite parties shall issue separate electricity bills clearly showing the part to be paid by the complainants and opposite parties 3 and 4 within 1 month from the date of receipt of order.

2. Opposite parties 3 and 4 is directed to pay their part of the electricity charges within 1 month from the date of receipt of bill.

3. Opposite parties 3 and 4 is jointly and severally directed to pay an amount of Rs.1,000/- (Rupees One thousand only) each to the complainants as compensation for the deficiency in service.

Pronounced in the open court on this the 30^th day of September, 2009

Sd/-

Seena.H,

President

Sd/-

Preetha.G.Nair,

Member

Sd/-

Bhanumathi.A.K,

Member

Appendix

Witness examined on the side of complainant

Nil

Witness examined on the side of opposite party

Nil

Exhibits marked on the side of complainant

Ext.A1 (Series)Certificates issued by Agricultural Officer – 3 in Nos.

Ext.A2 – Copy of Notice dtd.20/12/06 issued by 2^nd opposite party

Ext.A3 – Copy of letter dt.04.01.07 sent by Forum for Consumer Justice

Ext.A4 – Copy of reply dtd.18.01.07 sent by 3^rd opposite party

Ext.A5 – Copy of reply dtd.27.01.07

Ext.A6 – Copy of reply

Ext.A7 – Copy of letter dt.20.02.07 sent by Forum for Consumer Justice

Ext.A8 – Copies of bills

Ext.A9 – Copy of letter dt.02.03.07 sent by Forum for Consumer Justice

Exhibits marked on the side of opposite party

Nil

Costs (Not allowed)