Tamil Nadu

South Chennai

CC/274/2014

A.S.Santhanam - Complainant(s)

Versus

The Tamil Nadu Electricity Board - Opp.Party(s)

Party in person

06 May 2019

ORDER

                                                                        Date of Filing  : 19.05.2014

                                                                          Date of Order : 06.05.2019

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP.  : MEMBER

 

C.C. No.274/2014

DATED THIS MONDAY THE 06^TH DAY OF MAY 2019

                                 

Mr. A. S. Santhanam,

S/o. Late. A.S. Aravamuthan,

Advocate,

No.10, First Street,

Bharathi Nagar,

Madhuravoyal,

Chennai – 600 095.                                                        .. Complainant.                                                         

   ..Versus..

1. The Tamil Nadu Electricity Board,

Rep. by its Chairman,

Mount Road,

Chennai – 600 002.      

 

2. The Tamil Nadu Electricity Board,

Madhuravoyal,

Rep. by its Assistant Engineer,

Madhuravoyal,

Chennai – 600 095.

 

3. Mrs. Prema,

Assistant Engineer,

Tamil Nadu Electricity Board,

Madhuravoyal,

Chennai - 600 095.

 

4. Anbarasan,

Cash Receiving Clerk,

Tamil Nadu Electricity Board,

Madhuravoyal,

Chennai – 600 095.                                             ..  Opposite parties.

 

For the complainant                               : Party in person

Counsel for the opposite parties 1 to 4 : M/s. R. Amernath Rao

                                                                  Khande

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act, 1986 prays to refund a sum of Rs.62/- collected by the opposite parties in excess and to pay a sum of Rs.1,99,500/- towards compensation for mental agony with cost to the complainant.

1.    The averments of the complaint in brief are as follows:-

The complainant submits that he is the domestic tariff consumer of electricity connection No.402-001-83 from 1994 to till date.  The complainant submits that he never defaulted in payment of electricity consumption charges and paid regularly. On 01.03.2014, the opposite parties’ employees came and noted the electricity consumption meter reading and noted the consumption charges as sum of Rs.245/- and to pay the same within 20 days.  But due to his personal reasons, the complainant was not able to pay the said amount within the prescribed period of 20 days and paid the amount on 21.03.2014.  While paying the electricity consumption charges of Rs.245/- on 21.03.2014, the 4^th opposite party demanded to pay a total sum of Rs.307/- i.e. Rs.245/- towards electricity charges, Rs.60/- towards reconnection charges & Rs.2/- towards service charges.  The complainant also has paid the said amount of Rs.307/-.  The claim of Rs.60/- towards reconnection charges is false.   The opposite parties has not disconnected the service connection No.402-001-83.  The complainant is an Advocate in the Senior level.  Even after repeated requests and demands, the opposite parties without real disconnection collected a sum of Rs.62/- towards reconnection charges and service charges.  Even after repeated requests and demands orally and in person, the opposite parties’ officials has not come forward to settle the issue.   The act of the opposite party amounts to deficiency in service and unfair trade practice which caused great mental agony.   Hence, the complaint is filed.

2.      The brief averments in the written version filed by opposite parties 1 to 4 is as follows:

The opposite parties 1 to 4 specifically deny each and every allegations made in the complaint and put the complainant to strict proof of the same.   The opposite parties 1 to 4 state that the complainant is the owner of the service connection No.402-001-83.  The consumption of electricity reading of the complainant’s meter was taken on 01.03.2014 and the last date for the payment of current consumption charges is within 20 days from 01.03.2014 which ends till evening of 20.03.2014. The complainant has not paid the electricity consumption charges of Rs.245/-.  Hence, automatically the system disconnected the complainant’s service connection and credited a sum of Rs.60/- towards reconnection charges and Rs.2/- towards service charges.  Because all the payments related to electricity consumption charges is computerized and the function of payment disconnection, reconnection etc will be done only through the computer.   The opposite parties have no role of any nature either for disconnection or for claiming the reconnection charges and service charges.  As per the Tamil Nadu Electricity Rule 14 (1) (a), the supply of electricity consumption will be disconnected without any intimation, when any consumer fails to pay the electricity consumption charges within 20 days from the date of its assessment.  Therefore, there is no deficiency in service on the part of the opposite parties 1 to 4 and hence, the complaint is liable to be dismissed. 

3.     To prove the averments in the complaint, the complainant has filed proof affidavit as his evidence and document Ex.A1 is alone marked.  Proof affidavit of the opposite parties 1 to 4 is filed and document Ex.B1 & Ex.B2 are marked on the side of the opposite parties 1 to 4.

4.      The points for consideration is:-

1. Whether the complainant is entitled to get refund of a sum of Rs.62/- collected by the opposite parties                                                                       in excess as prayed for?
2. Whether the complainant is entitled to a sum of Rs.1,99,500/- towards compensation with cost a prayed for?

5.      On point:-

The opposite parties 1 to 4 has filed his written arguments.   The complainant has not filed any written argument and not turned up to advance and oral argument also. Perused the records namely; the complaint, written version, proof affidavits and documents.  The complainant pleaded and contended that he is the domestic tariff consumer of electricity connection No.402-001-83 from 1994 to till date.  Ex.A1 is the copy of TNEB Consumption charges payment card of the complainant.  Further the complainant pleaded and contended that he never defaulted in payment of electricity consumption charges and paid regularly.  On 01.03.2014, the opposite parties’ employees came and noted the electricity consumption meter reading and noted the consumption charges as sum of Rs.245/- and to pay the same within 20 days.  But due to his personal reasons, the complainant was not able to pay the said amount within the prescribed period of 20 days and paid the amount on 21.03.2014.  While paying the electricity consumption charges of Rs.245/- on 21.03.2014, the 4^th opposite party demanded to pay a total sum of Rs.307/- i.e. Rs.245/- towards electricity charges, Rs.60/- towards reconnection charges & Rs.2/- towards service charges.  The complainant also paid the said amount of Rs.307/-.  The claim of Rs.60/- towards reconnection charges is false.   The opposite parties has not disconnected the service connection No.402-001-83.  The complainant is an Advocate in the Senior level.  Even after repeated requests and demands, the opposite parties without real disconnection collected a sum of Rs.62/- towards reconnection charges and service charges which amounts to deficiency in service.  Even after repeated requests and demands orally and in person, the opposite parties’ officials has not come forward to settle the issue. The complainant has filed this case claiming refund of Rs.62/- and compensation.

6.     The contention of the opposite parties 1 to 4 is that admittedly, the complainant is the owner of the service connection No.402-001-83.  The consumption of electricity reading of the complainant’s meter was taken on 01.03.2014 and the last date for the payment of current consumption charges is within 20 days from 01.03.2014 which ends on 20.03.2014 till evening of 20.03.2014. The complainant has not paid the electricity consumption charges of Rs.245/-. Hence, automatically the system disconnected the complainant’s service connection and credited a sum of Rs.60/- towards reconnection charges and Rs.2/- towards service charges.  Because all the payments related to electricity consumption charges is computerized and the function of payment disconnection, reconnection etc will be done only through the computer.  The opposite parties have no role of any nature either for disconnection or for claiming the reconnection charges and service charges.  As per the Tamil Nadu Electricity Rule 14 (1) (a), the supply of electricity consumption will be disconnected without any intimation, when any consumer fails to pay the electricity consumption charges within 20 days from the date of its assessment.  In the case, admittedly, the complainant has not paid the electricity consumption charges within the period of 20 days.  There is no deficiency in service on the part of the opposite parties 1 to 4.  Considering the facts and circumstances of the case, this Forum is of the considered view that this complaint has to be dismissed. 

In the result, this complaint is dismissed.    No costs.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 06^th day of May 2019. 

 

MEMBER                                                                                 PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:-

Ex.A1

Copy of TNEB Consumption Charges payment card of the complainant

 

OPPOSITE PARTIES 1 TO 4 SIDE DOCUMENTS:-

Ex.B1	30.10.2007 to 04.05.2015	Copy of Ledger extract of service No.83 of A.S. Santhanam, the complainant
Ex.B2		Copy of conditions showing for payment of current consumption charges

 

 

MEMBER                                                                                 PRESIDENT