Complainant : T.P.Jayaprkasan, S/o.Thottupura Prabhakaran, Mission
Quarters, Thrissur.
(By Adv.Shrikumar Nambanath, Thrissur)
Respondents : 1. The Trichur Municipal Corporation, rep. by the
Secretary Trichur Municipal Corporation.
2. The Asst. Secretary, (Electricity) T.M.C
3. The accounts Officer (Electricity) T.M.C
(By Adv.C.Sivanarayanan, Thrissur)
ORDER
By Smt.Rajani.P.S., Member
The complainant’s case is as follows: The complainant is an electricity consumer of the respondents vide consumer No.9694(A). He promptly paid all the electricity bills and there is no chance for any dues. He had paid the latest electricity bill dated 10/12/06 on 26/12/06. On 29/12/06 he received a demand notice issued by the respondents for Rs.2,530/- for a period 2001-2002. When he enquired about the details of the bill issued, the respondent authorities failed to give any explanation about it. They advised him to remit Rs.10,000/- plus towards the arrears. The demand notice dated 19/12/06 is illegal and hence the complaint.
2. The counter filed b y the respondents 1 and 2 : The complaint is filed in order to harass the respondents. The complainant had not paid an arrear amount of Rs.2,530/- on 26/12/06. These respondents issued an arrear bill amount for Rs.1,306/- towards the bill number17775 on 4/6/01 and Rs.1,306/- towards the bill No.140175 in 8/01 and its interest amount and the complainant is liable to pay the arrear amount demanded. This respondent is ready to deduct the arrear amount if the complainant presents the receipts for the above numbered bills. The said notice was sent as the amount has seen unpaid in the register. The present complaint is filed without any bonafides. Hence dismiss with costs.
3. 3rd respondent called absent and set exparte.
4. Points for consideration are :
1) Was there any deficiency in service on the part of the respondents ?
2) If so reliefs and costs ?
5. The evidence consists of Exhibits P1 and P2 series. No oral evidence adduced by both.
6. Points : According to the complainant he is a prompt electricity consumer of the respondents and paid the upto date bill amount also. But he received a demand notice for Rs.2,530/- as arrears during the year 2001-2002 on 29/12/06. Being a prompt consumer the said notice is illegal.
7. The respondents in their counter stated that the complainant is liable to pay an arrear amount of Rs.2,530/- in total towards the bill No.17775 dated 4/6/01 and bill No.140175 dated 8/01 and its interest amount. As the payment is not recorded in the register he is liable to pay the amount. If he had paid the above said bill amounts they are ready to deduct it.
8. Exhibit P1 shows that the arrear amount of Rs.2,530/- was demanded for an amount due in the year 2001-02 and it was issued on 19/12/2006. It is seen that there is no details with regard to the arrear amounts. It is simply stated arrears in the year 2001-02 as Rs.2,530/- should be paid by complainant. It is against law. The respondents are under obligation to act as per the conditions stipulated in Indian Electricity Act. In the Act it has clearly stated about the details of the bill. But there are no details as prescribed by Indian Electricity Act. So Exhibit P1 should be discarded and not sustainable. Even if the respondents filed their version, no evidence adduced to establish Exhibit P1 bill. Further Exhibit P2 series shows that the complainant is promptly paying the current bill amounts. In the circumstances Exhibit P1 bill is found unsustainable and liable to be cancelled.
9. In the result the complaint is allowed and the Exhibit P1 bill stands cancelled.
Dictated to the Confdl. Asst., transcribed by her, corrected by me and pronounced in the open Forum this the 18th day of April 2012.
Sd/-
Rajani.P.S., Member
Sd/-
Padmini Sudheesh, President
Sd/-
M.S.Sasidharan, Member
Appendix
Complainant’s Exhibits
Ext. P1 Notice
Ext. P2 series - Receipts
Id/-
Member
