D.o.F: 20/10/08

D.o.O:20/4/09

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD

                                          CC.NO.210/08

                  Dated this, the 20^th   day of April 2009

PRESENT:

SRI.K.T.SIDHIQ                                           : PRESIDENT

SMT.P.RAMADEVI                                      : MEMBER

SMT.P.P.SYAMALADEVI                         : MEMBER

Mathew Lukose,                                   : Complainant

S/o P.L.Mathew,

Panachikal, Vellarikundu Po,

Parappa.

Asst.Engineer,

KSEB, Bheemanady                                : Opposite party

                                                       ORDER

SRI.K.T.SIDHIQ: PRESIDENT

   The Kerala State Electricity Board should improve their consumer care services and there shall be at least a consumer  care officer in every centers to deal with the various consumer grievances.  If that be so, they could have avoid a number of cases filed against KSEB.  Most often it is seen that the non responsive attitude to various requests/applications/ complaints give raise to cause of  action for the legal proceedings and the instant complaint is one of the example.  Had the opposite parties been responded to the applications sent by the complainant on 29/10/2007 and acted upon it, then this complaint should  have been  avoided.

      This is a complaint filed by the complainant Mathew Lukose against the  demand notice for Rs.3340/- affixed by opposite parties in the premises of a building that is owned by him along with his brother.  Later when he filed this complaint  against the said demand  notice the opposite party reduced the bill  to Rs.2515/-.  Actually, the opposite party should have issued this bill as early  on 29/10/07 or on a subsequent day since the complainant sent  an application to opposite party to disconnect his electricity connection on 29/10/07 itself.  According to opposite party the reason for the inaction on the request  is that the complainant had not remitted the application fee.  But there was no bar to sent a reply to the said request dtd.29/10/07 sent by the complainant  asking him to remit the application fee.  In the bill dtd.26/11/08 subsequently issued  by the  opposite party it is seen that the current charges for the period 12/07 to 11/08 is also added that would fetch  Rs.2387+263 as surcharge.  Definitely the complainant is not bound to pay the said amount since he already submitted  an application as on 29/10/07 to disconnect the  electricity connection.  There is  yet another reason  to cancel the demand.  As per the Terms and Conditions of Supply of Electrical Energy if the consumer  fails to remit the current charges  his connection should have been disconnected  and thereafter it should have been dismantled if the arrears are due for  more than six months.  But the opposite parties  failed to comply with the said provisions  and the current charges are seen calculated for more than one year.  Hence the complainant is not liable to remit the said amount.

2.   According to opposite party, the connection was not disconnected since the complainant has not remitted the application fee for the same.  They have no case that on 29/10/07 as on the date of request for disconnection there was any due towards the electricity charges and there is any consumption of electricity from the date of request for  disconnection.

3.   The complainant examined as PW1 and Exts.A1 to A8 marked.  Opposite party has not produced any document.  Heard both sides.

4.   We find  deficiency in service on the part of opposite party  in not heeding to the request of the complainant to disconnect his electricity connection that was sent on 29/10/07 and illegally demanding  this electricity charges subsequent to that date.

    Therefore the bill dt.26/11/08 for Rs.2515/- is cancelled.  However since the electricity meter is till in the premises of the complainant, he is liable to pay the meter charges Rs.655/- as mentioned in Ext.A6.  Therefore the complainant shall pay Rs.655/- towards the  cost of the meter . The opposite party is further directed to pay Rs.1000/- towards the cost of these proceedings. Time for compliance is limited to 30 days from the date of receipt of copy of order.  Communicate a copy of  this order to the Secretary, Kerala State Electricity Board,Thiruvananthapuram.

 MEMBER                                  MEMBER                    PRESIDENT

Exts.A1-29/X/07-request issued by PW1

         A2-1/3/07-copy of letter issued by PW1 to KDC Bank,Vellarikundu

         A3-copy of electricity bill

          A4- copy of notice issued by OP to PW1.

         A5- electricity bill

        A6-  dt.26/11/08-arrear notice

        A7&A8- photographs

 Pw1-Mathew Lukose-complainant

    MEMBER                                           MEMBER                                PRESIDENT

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