By Smt.Padmii Sudheesh, President
The case is that the original complainant is the bread winner of the family and the only source of income is from the ‘Sign Color Lab and Digital studio. The respondents served a demand notice without stating any explanation. The amount demanded is exorbitant. Complainant is not bound to pay the amount. This is deficiency in service from respondents. Hence the complaint.
2. During pendency of the complaint the complainant died and the legal heir is impleaded.
3. The averments in the version are that it is incorrect that the complainant is living out of the income deriving from sign color digital studio. The complainant is liable to pay the bill amount. The complainant is the habit of nonpayment of current bills. When each bill issued he filed complaints before the Forum. The said connection is come under LT 4 Tariff and is an industrial connection. The complainant is liable to pay the interest and 2% penal interest as per the conditions of supply. Hence dismiss.
4. Points for consideration are that :
1) Whether the complainant is entitled to get the reliefs sought ?
5. Evidence consists of Exhibits P1 and P2 only.
6. The complainant is challenged the demand notice issued by the respondents. During the pendency of the complaint original complainant is died and his legal heir is impleaded. It is the case that the amount stated in the demand notice is wrong and unlawful. It is also the case of complainant that he is ready to pay all lawful and rightful sums.
7. The respondents contended that complainant is a habitual defaulter and when bills are issued he is filing complaint before the Forum and there are several complaints pending. According to respondents the complainant is liable to pay the bills amount.
8. It is the case of complainant that the bill dated 21/11/06 is wrong and unlawful. But it is to be noted that the complainant failed to adduce any evidence to prove that the bill is wrong. Even if the bill is produced it is not marked and cannot be taken in evidence. When the case was listed for evidence complainant was absent and the counsel submitted no oral evidence. Exhibits P1and P2 documents are marked and this documents are the copy of death certificate of original complainant and the copy of will executed by the original complainant. Since the disputed bill is remain intact and not taken in evidence the complainant is not entitled to get any reliefs sought. It is true that no evidence is adduced by respondents. But it is the preliminary duty of the complainant to adduce evidence for setting aside the alleged unlawful demand notices issued by respondents. No steps taken to that effect.
9. In the result the complaint stands dismissed.
Dictated to the Confdl. Asst., transcribed by her, corrected by me and pronounced in the open Forum this the 3rd day of November 2012.
