By Smt. Padmini Sudheesh, President: <br /> <br /> Petitioner’s case is as follows:-<br /> <br /> 1. Petitioner is a licensee of Room No.XX/2 of Mannuthy Shopping Complex owned by the first respondent. The common consumer number allotted to the building is 7463. As per a notice dated 6.7.06, the first respondent demanded from the complainant a sum of Rs.16,037-10 with 5% interest as arrears of electricity charges. It is also stated in the notice that if the due amount is not paid, the room will be locked and takes in custody. The petitioner is not liable to pay the amount. He is paying the licence fee regularly and for the last five years the electricity supply to the said room is disconnected. There was no separate meter to the room. The demand notice is baseless. The respondents are using electricity from this connection for their other activities also. There is limitation to the charges. The respondents are trying to Revenue Recovery proceedings on the basis of the notice. Hence the complaint. <br /> <br /> 2. The respondents’ version is given below:<br /> <br /> There is arrears of Rs.16,311/- and the petitioner is obliged to pay it. There is common consumer number to 2nd floor and the petitioner also is liable to pay the arrears. The respondents are not using the electricity from this connection.<br /> <br /> 3. The points that arise for consideration are the following.<br /> <br /> (1) Whether the petitioner is liable to pay off the arrears stated in the notice?<br /> (2) Whether the respondents have any right to lock and take into custody of the room?<br /> (3) Reliefs and costs. <br /> <br /> 4. The evidence consists of Ext. P1 which is the Revenue Recovery notice issued by the respondents.<br /> <br /> 5. Point No.1: As per Ext. P1 the petitioner has to pay Rs.16,031.10 and interest. But there is no evidence to show that the petitioner himself had consumed such a quantity of electricity. There is common consumer number. The respondents in their counter also state that there is common consumer number to 2nd floor. The room allotted to the petitioner situates in 2nd floor. There is no separate meter for each room. So it is unable to say precisely how much electricity is consumed by each consumer. In each room there may be separate business. So the consumption of electricity cannot be stated aptly. According to the petitioner, he is paying the licence fee regularly and for the last five years the electric supply to the room is not in existence. Since there is no separate meter and separate reading, the respondents have no right to issue such a kind of notice. Moreover he is regularly paying the licence fee. To think otherwise no evidence is adduced by the respondents. So the petitioner is not liable to pay the amount stated in Ext. P1.<br /> <br /> 6. Points 2 & 3: The second point is the right of the respondents to lock and take into custody of the room. The respondents have no right to lock and take into custody of the room. The reason is explained in point No.1.<br /> <br /> 7. In the result, the petition is allowed and the respondents are directed to cancel the amount stated and also restrained from locking and taking into custody of the room. The respondents are also directed to pay Rs.1000/- (Rupees one thousand only) as compensation and Rs.200/- (Rupees two hundred only) as costs. Time for compliance one month. <br /> <br /> <br /> Dictated to the confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum, this the 29th day of April 2008.<br /> <br /> <br />