Date of filing :02.01.2020
Date of order :26.09.2022
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, VELLORE
PRESENT: THIRU. A. MEENAKSHI SUNDARAM, B.A., B.L. PRESIDENT
THIRU. R. ASGHAR KHAN, B.Sc., B.L. MEMBER-I
SELVI. I. MARIAN RAJAM ANUGRAHA, M.B.A., MEMBER-II
MONDAY THE 26THDAY OF SEPTEMBER 2022
CONSUMER COMPLAINT NO.29/2022
K.G. Mannar,
Son of Gopal,
No. 2/217, Elayanellur,
K.R.Thangal Post,
Vinnampalli Via,
Katpadi Taluk,
Vellore District. …Complainant
-Vs-
The Superintending Engineer (SE),
Tamilnadu Electricity Board,
Gandhi Nagar, Katpadi,
Vellore. …Opposite party
Counsel for complainant :Thiru. P. Chandrasekar
Opposite party : Set exparte on 01.07.2022
ORDER
SELVI. I. MARIAN RAJAM ANUGRAHA, M.B.A., MEMBER-II
This complaint has been filed Under section 35 of Consumer Protection Act 2019. The complainant has prayed this Hon’ble Commission to direct the opposite party to refund the excess claimed amount from 01.07.2015 at 18% per annum and to pay a sum of Rs.19,50,000/- for causing mental agony and physical torture on account of deficiency of service, negligence and to pay a sum of Rs.10,000/- being the expenditure incurred and also to pay a sum of Rs.5,000/- being the cost of this complaint.
1.The case of the complaint is briefly as follows:
The complainant approached the opposite party to change the electricity from Tariff LM61 to TariffLA3A1. The electricity connection for the purpose of starting Chicken a farm. The said electricity connection number is 208-015-478. The same electricity connection was changed to Tariff LA3A1 on 26.07.2014 as per the request of the complainant. On 12.01.2015, again the complainant approached the opposite party to change the tariff from LA3A1 to LN3B for the purpose of welding work. After finishing the welding work the complainant again approached the opposite party to change the tariff LN3B to Tariff LA3A1 and same was done by the opposite party on 01.07.2015and from 30.08.2017 to till now the complainant is using electricity connection as Tariff LA3A1. But from 01.07.2015 to 30.08.2017the opposite party did not show electricity bill even in the online. Subsequently, the opposite party claimed the electricity charged from 31.08.2017 to 26.06.2019 for Rs.6,661.17/. Regarding that the complainant gave complaint to the opposite party by way of registered post under acknowledgement card on 29.07.2019 and the same was received by the opposite party. The electricity connection LN3B changed to LA3A1 on 01.07.2015 itself, but the opposite party did not change the tariff from LN3B to LA3A1.Therefore, the opposite party collected excess amount from the complainant which is against the law. Hence, this complaint.
2. On receipt of this notice from this Hon’ble Commission. Opposite party did not appear, several opportunities were given. Written version of opposite party not filed. Hence the opposite party called absent set exparte.
3. Proof affidavit of complainant filed. Ex.A1 to Ex.A4were marked. Written argument of complainant not filed.
4. The Points that arises for consideration are:
1. Whether there is any deficiency in service on the part of the opposite party?
2. Whether the complainant is entitled for relief as claimed in the complaint
3. To what relief, the complainant is entitled to?
5. POINT NOS.1&2: The complainant approached the opposite party to change electricity connection from Tariff LM61 to Tariff LA3A1 for the purpose of starting a chicken farm. The said electricity connection number is 208-015-478. The same connection was changed to tariff LA3A1 on 26.07.2014 as per the request of the complainant. On 12.01.2015, again the complainant approached the opposite party to change the tariff from LA3A1 to LN3B for the purpose of welding work. After finishing the welding work the complainant again approached the opposite party to change the tariff from LN3B to LA3A1 and same was done by the opposite party on 01.07.2015 and from 30.08.2017 to till now the complainant is using electricity connection as tariff LA3A1. The main allegation of the complainant is that from 01.07.2015 to 30.08.2017, the opposite party did not show the electricity bill even in the online, but the opposite party claimed the electricity charges for the period31.08.2017 to 26.06.2019 for Rs.6,661.17/. The complainant submits that though the opposite party changed the electricity connection of Tariff LN3B to Tariff LA3A1 on 01.07.2015.But the opposite party did not change the electricity charges of Tariff LN3B to Tariff LA3A1, so the opposite party has collected an excess amount from the complainant which is against the law. Therefore, the complainant approached this Hon’ble Commission. As a result, the opposite party has collected excess amount of Rs.6,661.17/- from the complainant. On receipt of this complainant, this Commission issued notice to the opposite party. But despite receipt of notice, the opposite party did not turn up to give contra evidence as against the claim of the complainant. Hence, the opposite party called absent set exparte. Hence, we find that there is a deficiency in service on the part of the opposite party. Hence, these Point Nos. 1 and 2 are decided in favour of the complainant.
6. Point No. 3: As we have decided in Point Nos. 1 and 2 that there is a deficiency in service on the part of the opposite party. The opposite party is hereby directed to refund of Rs.6,662/- (Rupees Six Thousand Six Hundred and Sixty Two only) the excess claim amount with interest @ 9% p.a. from the date of complaint to till the date of this order and to pay a sum of Rs.50,000/- (Rupees Fifty Thousand only) as compensation for deficiency in service and mental agony and also to pay a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) towards cost to the complainant. Hence, this Point No.3 is also answered accordingly.
7. In the result, this complaint is partly allowed. The opposite party is hereby directed to refund of Rs.6,662/- (Rupees Six Thousand Six Hundred and Sixty Two only) the excess claim amount with interest @ 9% p.a. from the date of complaint to till the date of this order and to pay a sum of Rs.50,000/- (Rupees Fifty Thousand only) as compensation for deficiency in service and mental agony and also to pay a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) towards cost to the complainant, within one month from the date of receipt of this order, failing which the above amounts shall carry interest at the rate of 9% per annum from the date of this order to till the date realization.
Dictated to the steno-typist transcribed and typed by her corrected and pronounced by us in the open Commission on this the 26thSeptember 2022.
Sd/- Sd/- Sd/-
MEMBER-I MEMBER – II PRESIDENT
LIST OF COMPLAINANT SIDE DOCUMENTS:
Ex.A1 - Copy of the Account summary of complainant electricity
connection
Ex.A2-29.07.2019 - Copy of letter written by the complainant to the opposite party
Ex.A3-02.08.2019 - Copy of acknowledgement card of the opposite party
LIST OF OPPOSITE PARTY SIDE DOCUMENTS: -NIL-
Sd/- Sd/- Sd/-
MEMBER-I MEMBER – II PRESIDENT
