Date of Filing : 08.02.2012
Date of Order : 10.04.2012
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR
Dated 10th APRIL 2012
PRESENT
Sri. H.V. RAMACHANDRA RAO, B.Sc., BL, ……. PRESIDENT
Sri. T.NAGARAJA, B.Sc., LLB. …….. MEMBER
Smt. K.G.SHANTALA, B.A., LLB. …….. MEMBER
CC No. 28 / 2012
Smt. Narayanamma,
W/o. M.V. Nagaraja,
Madamangala Village,
Soolikunte Post,
Bangarpet Taluk.
(By Sri. M.P. Narayana Swamy, Adv.) ……. Complainant
V/s.
Asst. Executive Engineer,
BESCOM,
Bangarpet.
(By Smt. B.S.Vijayakumari, Adv.) …… Opposite Parties
ORDER
By Sri. H.V. RAMACHANDRA RAO, PRESIDENT
The brief antecedents that lead to the filing of the Complainant made u/s. 12 of the C.P. Act seeking direction to the OPs to restore the electricity and to pay to the Complainant Rs.15,000/- are necessary:
OP has sanctioned power to the Complainant and she is using it since 2006 in Meter No. BP 1166 towards her Poultry Farm. Since there was no water, she has stopped the poultry work and the Complainant paid all the amounts towards Bills that have been issued. On 10.12.2011 the Authorities of the OP came to the Farm House and demanded Rs.18,225/- towards charges and disconnected the electricity. When the Complainant has stated that she is liable to pay only unit charges that she has consumed and nothing else, but OP did not care. Complainant wrote to OP on 04.07.2011, even then nothing has happened. Hence the Complaint.
2. In brief the version of the Ops are:
Complaint is not maintainable either in Law or on facts. Installation of Meter and the Complainant using it are admitted. Issue of Bill for Rs.18,225/- on 10.12.2010 and disconnection of electricity are also admitted. Complainant never paid the amount regularly. Hence the Complaint be dismissed.
3. To substantiate their respective cases, Complainant has stated that Complaint and documents be read as her evidence. OP filed affidavit and also filed written arguments. Arguments were heard.
4. The points that arise for our consideration are:
POINTS
(A) Whether there is deficiency in service ?
(B) What order ?
5. Our findings are:
(A) Negative
(B) As per detailed order for the following reasons
REASONS
6. Pleadings are summarized supra. It may be read herein again. Pleading of both the parties and their evidence are as bald as it could be. It does not contain any particular details. It is an admitted fact that the Complainant is having power for her Poultry Farm from the OP in Meter No. BP 1166. Complainant states that she has closed Poultry Farm because of want of water. This plea is as bald as it could be. When she has closed Poultry Farm, when she had opened it is not at all stated.
7. In an event, on 10.12.2010 OP has issued the Bill demanding Rs.18,225/-. This is admitted by both. OP states that Complainant is not paying the meter charges regularly and hence it amounted to such arrears and hence OP has issued notice and since it has not been paid they disconnected the electricity. What is wrong in it? There is no answer.
8. Complainant in her letter dtd. 04.07.2011 has simply stated that she is using only 80 units of power, but this amount is not payable by her. OP has produced Bill details report from10.02.2009 to 10.12.2010 which clearly go to show that as on 10.02.2009 Complainant was due for Rs.11,371/- and after reading etc., interest etc., as on 10.12.2010 complainant was due for Rs.16,116/-, but she has paid only Rs.193/-. The said report clearly goes to show that complainant has not paid the amount as and when it became due. She has not paid any amount from 10.08.2008 to 10.02.2009. She has paid Rs.193/- on 10.09.2008, Rs.2,000/- on 10.12.2008, Rs.193/- on 10.02.2009 and Rs.193/- on 10.12.2009 and she has not paid any amount during the said period. This clearly goes to show that she was in the habit of not paying the amount regularly and hence arrears mounted and OP disconnected the electricity. Hence, it cannot be said that there is any deficiency in service or unfair trade practice committed by the OP.
9. Without paying the money, how can the Complainant say that OP was wrong in disconnecting the electricity. Hence, we hold the point accordingly and pass the following:
ORDER
1. Complaint is dismissed.
2. Send copy of the Order to the parties concerned free of cost.
3. Return extra sets to the parties concerned under Regulation 20(3) of Consumer Protection Regulations 2005.
(Dictated to the Stenographer, got it transcribed and corrected and pronounced in the open Forum on this the 10th day of April 2012)
T. NAGARAJA K.G.SHANTALA H.V.RAMACHANDRA RAO
Member Member President
SSS
