DATE OF FILING :15.11.2010
BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI
Dated this the 21st day of February, 2011
Present:
SRI.LAIJU RAMAKRISHNAN PRESIDENT
SMT.SHEELA JACOB MEMBER
SMT.BINDU SOMAN MEMBER
C.C No.236/2010
Between
Complainant : K.V. Nirmala,
Kaitharath House,
Chithirapuram P.O,
Meencut,
Idukki District.
(By Authorised Agent)
And
Opposite Parties : 1. The Deputy Chief Engineer,
Kerala State Electricity Board,
Vydhyudhi Bhavan,
Electricity Circle,
Thodupuzha.
2. The Executive Engineer,
Kerala State Electricity Board,
Generation Division,
Chithirapuram P.O, Idukki District.
(Both by Adv: C.K.Babu)
3. The Deputy Tahsildar(RR)
Taluk Office,
Devikulam, Idukki District.
O R D E R
SRI.LAIJU RAMAKRISHNAN(PRESIDENT)
The complainant is a Class IV Servant under the Government Veterinary Poly Clinic, Maduppatty. She availed a 'G' Type quarters from the opposite parties 1 and 2 under a specific rental agreement for her occupation since there is no other Government quarters available there. Violating the terms of the agreement and without any bonafides, the 2nd opposite party increased the monthly rent to four times the actual and demanded. Considering the facility and the condition,. this is highly exorbitant, which was protested by her and finally surrendered the quarters to the 2nd opposite party on 30.06.2009. Now the excess rent claimed is ordered for recovery under the Revenue Recovery Act and notice issued by the 3rd opposite party for the same. So this petition is filed.
The opposite parties filed a written version stating that the complainant is not a consumer of the opposite party. The complainant is only a lessee of the opposite party. The complainant requested for a quarters at KSEB colony, Meencut and Quarter No.G-27 was allotted to her for residential purpose with a monthly rent of Rs.250/- and water charges @ Rs.50/- vide agreement No.8/2006-07 dated 18.08.2006. As per the KSEB order No.BO(FM) No.2813/06(GDC.3/1/2004) dated 13.11.2006, the rent of quarters was enhanced with effect from 13.11.2006. So the complainant was given notice vide letter EB 29/2006-07/134 dated 4.12.2006 regarding the hike in the rent and requested to execute a revised agreement. But she continued to occupy the quarters without any hesitation evenafter receiving the above letter. The KSE Board has absolute right to enhance the rent of Board's quarters from time to time. As per Clause 7 of the agreement the lessee who is the Senior Veterinary Surgeon, Veterinary Poly Clinic, Munnar on behalf of the complainant, is bound to abide by the rules in force. She was not ready to renew the agreement on its expiry, that is from 18.08.2007. She continued occupancy without remitting the rent and water charges from 1.11.2006. Copy of letter dated 4.12.2006 given to the complainant and copy of order dated 13.11.2006 are also produced. The complainant had not paid the rent fixed by the KSE Board from 11/2006 onwards. The agreement was not renewed after execution and the validity of the agreement expired on 17.08.2007. These matters were taken up with the complainant and the lessee in various correspondences including registered letters. The lessee had also been requested to deduct the arrears of rent from the salary of the complainant in monthly instalments. But there was no response from him also. Finally she had vacated the quarters on 30.06.2009 as per order No.GB1/Quarters/Nirmala K.V/Meencut/09-10/2 dated 15.06.2009 of the Deputy Chief Engineer, Electrical Circle, Thodupuzha. The KSE Board had allowed her to remit the principal amount of arrears of quarters rent and decided to waive the interest portion of arrears vide B.O No.(FM)2193/GPCI205/06 dated 20.08.2009 and also sent a registered notice to her on 29.09.2009 for remitting the arrears of rent of quarters Rs.32,250/- from 11/2006 to 5/2009, without interest. On 28.10.2009 the complainant remitted Rs.10,000/- and the complainant was permitted to remit the arrears of quarters rent in not more than 3 monthly instalments vide letter No.EB 29/2009-10-657 dated 30.10.2009. The balance to be paid by the complainant was Rs.22,250/-. The complainant did not remit the balance amount. Hence a requisition of revenue recovery was forwarded to the District Collector, Idukki on 2.07.2010 for realisation of outstanding rent and water charges.
3. Heard. It is admitted by the complaint itself that there is a lease agreement created between the Executive Engineer, Generation Division, Chithirapuram acting for and on behalf of the Kerala State Electricity Board as one part as the lesser and Dr.Selvan, Senior Veterinary Surgeon, Veterinary Poly Clinic, Munnar on behalf of Nirmala K.V, Attendant, Veterinary Poly Cilnic, Munnar as other part who is referred as the lessee. So the disputed matter is on the basis of a lease agreement created between the parties. The matter concerned is absolutely a civil dispute between the complainant and the opposite party. Moreover Revenue Recovery proceedings are initiated against the complainant. So we think that the complainant is not a consumer as per the Consumer Protection Act, 1986, so the complaint is not maintainable before this Forum.
Hence the petition dismissed. The complainant can approach appropriate authority for further remedy.
Pronounced in the Open Forum on this the 21st day of February, 2011
Sd/-
SRI. LAIJU RAMAKRISHNAN(PRESIDENT)
Sd/-
SMT. SHEELA JACOB(MEMBER)
Sd/-
SMT. BINDU SOMAN(MEMBER)
APPENDIX : Nil
