By Sri. K. Gheevarghese, President :

The complaint filed under section 12 of the Consumer Protection Act 1986.

The sum up of the complaint is as follows:- The Complainant and thirteen others are the occupants and Allottees of the houses by the Opposite Party. There are 23 houses in the housing board colony of the Opposite Party, on completion of construction the majority of the houses were alloted to the parties. Even before allotment of the houses the expenses as such current bill and other amenities which are to be met by the Opposite Parties are not paid by the Opposite Party. The Opposite Party is not in performance of the terms and conditions when the houses were alloted to the allottees. The allottees were compelled to remit the electricity bill amount of Rs.6,481/- for the maintenance of the supply of electricity energy. The electricity charge is to be remitted by the Opposite Party whereas the amount towards the electricity charge was not remitted by the Opposite party and because of that the Complainant and others were compelled to remit the amount. There may be an order directing the Opposite party to refund the bill amount Rs.6,481/- paid towards the electricity charge and with an interest at the rate of 12% for the amount remitted by the Complainant. Towards the cost and compensation Rs.20,000/- is also to be paid to the Complainant.

2. The Opposite Parties filed version in brief it is as follows:- The allegation of the Complainant that till the formation of the Allottees Association the expenses for the electricity charge for the work of the motor pump and as such other common expenses are to be met by the Opposite Party is not correct. The Opposite Party is not responsible to meet the electricity charge incurred out of the operation of motor pump. The terms and conditions of the Opposite party in the allotment of the houses were actually agreed by the Allottees. The common amenities and the expenses for the same are to be met by the Alloties. The occupants in the houses are not coming within the purview of allottees of houses or site constitutional of committee regulation in 1976. The complaint filed is on the basis of experiments and it is to be dismissed with cost.

3. The points which are to be decided:

1. Whether any deficiency on the part of the Opposite parties in the non remittance of the electricity bill amount?

2. Relief and costs.

4. Point No.1:- The Complainant and Opposite Parties filed proof affidavit. Exts. A1 to A4 and Exts. X1 and X2 are marked for the Complainant. The Opposite Parties filed Ext.B1 to B7 in support of their contentions, the Complainant and Opposite Parties tendered oral evidence.

5. The case of the Complainant is that the Opposite Party failed to act upon the terms and conditions and in the Allottees forced to remit the electricity bill amount in effect prior to the set up of Allottees Association. The electricity bill and other expenses which are in common are to be met by the Opposite Party. Ext.A1 series is the attested copy of the minutes book which amplifies the meeting on 17.7.2008 in presence of Executive Engineer Sri. S. Manikandan. The meeting was convened with agents for the organization of Allottees Society. The office bearers of the society was elected from the meeting and is recorded. One of the resolutions passed in the meeting is that from the date of the meeting ie 17.7.2008 onwards, the expenses towards pump house, motor and electricity are to be met by the organized committee . It is a decision taken in presence of Executive Engineer of the Housing Board. Ext.X1 is the attested copy of the registration certificate of Allottees Association including Bylaws, Memorandum of Association and names of the Members of the colony to whom the houses are alloted. The Ext.X1 series also details the rights and duties of the association. An another contentions of the Opposite Party is that the members in the Housing Board Colony are not actually the Allottees. As per Ext.X1 Allottee means a person to whom the boards premises is alloted and includes legal heirs of assign of such Allottees. On oral testimony of the Complainant the Complainant is a legally heirer and as such the right as a member is confirmed on him. According to the Opposite Party there is no association of Allottees instead it is only a society registered. The contention of the Opposite Party is only a twist in turn. Ext.B2 is the copy of the letter addressed to the Complainant as the President of Allottees Association. Therein it is specified that the electricity charge for the operation of the board house is to be met by the Allottees Association. The authenticity of this letter cannot be seen lightly. The dispute of the Complainant and others are with respect to the payment of the electricity bill amount which are remitted by the Allottees Association prior to the organization. The Complainant has remitted the entire amount which is to be paid towards the electricity charge. The Assistant Executive Engineer is examined as OPW1. In the oral testimony it is also admitted that two houses in the colony are still in use by Opposite Parties for their official purpose. The electricity charge for consumption of energy for these two houses are not even met by the Opposite Party. It is further admitted by this Assistant Engineer that till the disposal of 80% of the houses in auction or allotment, the expenses for common amenities are to be met by Opposite Party. The remittance of electricity charge till the association of Allottees formation, the Opposite Party has to met the expenses towards payment of electricity bill. The non remittance of the electricity charge by the Opposite Party is a deficiency in service and the point No.1 is found accordingly.

6. Point No.2:- The Complainant had made the entire payment towards the electricity bill. The Allottees society was organized in the meeting held on 17.7.2008 in presence of the Executive Engineer, Kerala State Housing Board, Wayanad Division. Till the day of organizing this society which was on 17.7.2008, the Opposite Party is responsible to meet the expenses towards the current charge. Ext.A2 series is the electricity bill in the consumer No.343910 of Rs.3,455/- dated 2.6.2008, the bill No. 4696 issued to Assistant Executive Engineer is dated 12.7.2008. The bill No.15259 dated 9.8.2008 is for the consumption of the energy for the period in between 5.6.2008 and 12.7.2008 which is for Rs.6,143/-. The Ext.A1 series empowers the society for the payment of common amenities from 17.7.2008 onwards. The bill No.15259 is of Rs.6,143/- which extent after the owning of responsibility hence this bill amount excluded. The payment made in the bill No.4696 dated 27.6.2008 which is remitted by the Complainant and the same is to be refunded by the Opposite Party along with interest.

In the result, the complaint is partly allowed. The Opposite Party is directed to refund the Complainant Rs.4,787/- (Rupees Four thousand Seven hundred and Eighty Seven only) the amount paid towards the electricity charge prior to the formation of Allottees Association along with the interest at the rate of 12% from the date of filing the complaint till payment. The Complainant is also entitled for the cost of Rs.500/- [Rupees five hundred only] from the Opposite Party. The Opposite Party is directed to comply with this within one month from the date of receiving this order.

Pronounced in open Forum on this the day of 30^th May 2009.

PRESIDENT: Sd/-

MEMBER- I: Sd/-

MEMBER-II: Sd/-

A P P E N D I X

Witnesses for the Complainant :

PW1. Santhosh. T Complainant

Witnesses for the Opposite Party :

OPW1. Jyothi Prakash Assistant Engineer, KSEB

Exhibits Marked for the Complainanat :

A1 Series.(2 sheets) Copy of minutes book

A2 Series (3 numbers) Demand notice cum Disconnection notice

A3 Series Receipt

A4 Letter dt. 14.08.2008

X1 Copy of Registration Certificate

of Societies. dt. 14.08.2008

X2 True copy of Members list.

Exhibits Marked for the Opposite Parties :

B1 Authorization letter dt. 4.05.2009

B2 Letter

B3 Letter

B4 Letter dt. 14.08.2008

B5 Series Quotation cum auction conditions

B6 Letter dt. 27.05.2000

B7 Copy of auction chart.