CONSUMER DISPUTES REDRESSAL FORUM, KOTTAYAM.
Present
Sri. Santhosh Kesavanath P. President
Smt. Bindhu M. Thomas, Member
CC No.257/10
Tuesday the 11th day of January, 2011.
Petitioner : V.C. Retnamma,
Vazhakkalayil House,
Kallara South PO, Kottayam.
(Adv. Tomy K.James)
Vs.
Opposite parties : 1)Kerala State Electricity Board,
Vydhuthi Bhavan, Thiruvananthapuram
Rep. by Its Secretary
2) Asst.Engineer,
Kerala State Electricity Boad,
Electrical Section,
Kaduthuruthy.
O R D E R
Smt. Bindhu. M. Thomas, Member.
The crux of the complainant’s case is as follows:
The complainant is a consumer of opposite party vide consumer No.4195 of Kaduthuruthy Electrical Section. The said connection is issued to the residential house of the complainant under LT IA Tariff. The complainant had paid all the monthly bills issued by the opposite party till date and there is no due from the part of complainant.
On 3-10-2010 the 2nd opposite party issued a bill to the complainant dated 29/9/2010 for an amount of Rs 2098/-. The bill was issued without any factual or legal basis. The opposite party changed the meter of the consumer which is working properly in July 2010 without any reason and now a bill is issued without any authority. The complainant is not liable to pay any amount as per the bill dated 29/9/2010. The complainant had enquired the matter with the 2nd opposite party and it is stated by him that the complainant’s meter was faulty and for the said period this bill is issued. The meter kept in the premises of the consumer was working properly and no notice has been issued to the complainant stating that the meter is faulty. The opposite party threatened the complainant that the electricity connection will be disconnected if the bill is not paid. Hence the complainant filed this complaint claiming the cancellation of the bill dated 29/9/2010 for
Rs. 2098/-, compensation of Rs. 15,000/- for deficiency in service and mental agony suffered by the complainant.
Notice was sent to the opposite party. But the opposite parties failed to appear before the Forum and file version even after several postings. So the opposite party was set expartee.
Points for consideration are
i) Whether there is any deficiency in service or unfair trade practice on the part of opposite parties?
ii) Reliefs and costs?
Point No.1.
Heard the complainant and perused the documents placed on record by the complainant. According to the complainant the opposite parties issued bill dated 29/9/10 for Rs. 2098/- without any basis. The said original bill is produced and it is marked as Ext.A1. The complainant submitted that the opposite parties issued the alleged bill stating that the complainant’s meter was faulty. The complainant next submitted that the meter kept in his premises was working properly and no notice has been issued to him stating that the meter is faulty. The complainant again submitted that the act of opposite party in declaring the properly functioning electrical meter as faulty without issuing a notice and issuing a bill according to the said declaration is a clear case of deficiency in service. The opposite parties chose not to enter appearance and file version. So the allegations of the complainant against the opposite party remain unchallenged. From the facts and circumstances of the case we find that the opposite party is deficient in their service. Point No. 1 is found accordingly.
Point No.2
In view of the findings in point no.1, the complaint is allowed.
The complaint is ordered as follows.
The bill dated 29/9/10 for Rs.2098/-is cancelled. Considering the facts and circumstances no cost and compensation is ordered.
Dictated by me transcribed by the Confidential Assistant corrected by me and pronounced in the Open Forum on this the 11th day of January, 2011.
Smt. Bindhu M. Thomas, Member Sd/-
Sri. Santhosh Kesavanath P. President Sd/-
Appendix
Document of the complainant
Original bill dated 29/9/10 for Rs.2098/-
Document of the opposite party
Nil
By Order,
Senior Superintendent.
