By Smt. C.S. Sulekha Beevi, President,<br /> <br /> 1. Brief facts of the case are as follows:<br /> <br /> Complainant who was running a saw mill for his livelihood was bound to close down the establishment due to loss. On 18-2-1998 complainant submitted a request to opposite party to dismantle the electricity connection to this mill. The connection was severed and meter taken away by opposite party. Thereafter opposite parties affixed a bill for Rs.42,650/- for the period 2/98 to 1/03 on the wall of the saw mill and a copy was served upon complainant. Opposite party has not issued any bills after 18-2-1998. Complainant is not liable to pay the amount. He prays to cancel the adjustment bill for Rs.42,650/-.<br /> <br /> 2. In the version filed opposite party has denied receiving any request from the complainant to dismantle the connection. That complainant has defaulted payment of charges from May, 1998 and electricity was disconnected on 24-11-1998. The connection was dismantled as per rules on 26-2-2003. Bills were regularly issued to complainant and to is liable to pay the amount.<br /> <br /> 3. Evidence in this case consists of Exts.A1 and A2 marked on the side of complainant and Ext.B1 marked on the side of opposite party. No affidavit was filed by either side. Due to vacancy in the post of President in 2003, there was no sitting of the Forum for a long time. This case first came up before us on 30-7-2007 and was finally heard on 4-12-2007.<br /> <br /> 4. According to complainant he submitted a request on 18-2-1998 to dismantle the electric connection. Ext.A1 is the copy of the request for dismantling alleged to be given to opposite party. The receipt of this request is denied by opposite party complainant has not produced any acknowledgement to show that this request was served upon opposite party. Complainant has not even filed affidavit. We find that complainant has failed to establish and prove that he had submitted Ext.A1 request for dismantling. Ext.A2 is the invoice/assessment from 2/98 to 1/03. The amount claimed is from February, 1998. In Para 5 of the version opposite party states that complainant has defaulted payment of current charges from May,1998. Opposite party is duty bound to dismantle the connection when the service is disconnected continuously for a period of six months. The service was dismantled only on 2/03. Opposite party has no explanation why the service was not dismantled after six months of disconnection. Complainant cannot be made liable for the latches on the part of opposite party to dismantle the connection. So complainant is liable to pay current charges for six months from the date of disconnection without surcharge. He is also liable to pay current charges with surcharge from May, 1998 till date of disconnection. The act of opposite party in not dismantling the connection within stipulated time and claiming excess charges amounts to deficiency in service.<br /> <br /> 5. In the result the complaint is partly allowed and we order that Ext.A2 adjustment bill for Rs.42,650/- is cancelled. We direct the complainant to pay Rs.4565/- (Rupees Four thousand five hundred and sixty five only) as current charges for the period between May, 1998 to May, 1999 within three weeks from the date of receipt of copy of this order. In the circumstances parties are directed to bear their respective costs.<br /> <br /> Dated this th day of December, 2007.<br /> <br /> <br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> <br /> K.T.SIDHIQ, MEMBER<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> APPENDIX<br /> <br /> <br /> Witness examined on the side of the complainant : Nil <br /> Documents marked on the side of the complainant : Ext.A1 and A2<br /> Ext.A1 : Photo copy of the request for dismantling dated, 18-2-1998 <br /> by complainant to opposite party.<br /> Ext.A2 : Photo copy of the invoice/assessment from 2/98 to 1/03.<br /> Witness examined on the side of the opposite parties : Nil<br /> Documents marked on the side of the opposite parties : Ext.B1<br /> Ext.B1 : Photo copy of the meter reading register relating to <br /> Consumer No.6761<br /> <br /> <br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> <br /> K.T.SIDHIQ, MEMBER<br />