Kerala

Trissur

CC/06/261

Izath Ayub - Complainant(s)

Versus

Thrissur Municipal Corporation - Opp.Party(s)

N.K. Shridharan and Shrikumar Nambanath

28 Aug 2010

ORDER

CONSUMER DISPUTES REDRESSAL FORUM
AYYANTHOLE
THRISSUR-3
 
Complaint Case No. CC/06/261
 
1. Izath Ayub
Parayamthattil House, Pavaratty.
 
BEFORE: 
 HONORABLE Padmini Sudheesh PRESIDENT
  Rajani P.S. Member
  Sasidharan M.S Member
 
For the Complainant:N.K. Shridharan and Shrikumar Nambanath, Advocate
For the Opp. Party: M. Vinod, Advocate
ORDER

By Smt.Padmini Sudheesh, President

            The complainant filed the above mentioned complaints against the Corporation to cancel the electricity bills issued by the Corporation.  The case of complainant in CC.1068/05 is that in the year 2000 the complainant got  conveyed the entire interests in ‘Iris Color Lab, M.G.Road, Thrissur.The petitioner is the Managing Director and  husband is the director  The entire work is  attending by the petitioner and her husband.  The lab has power connection bearing Nos.3142 and 8905.  Power connections stood in the name of Salim the former owner.  The respondents issued power bills in the name of former owner and  the petitioner paid the bill amount to avoid power disconnection. The latest bill amounting to Rs.24,735/- was paid by the petitioner on the 15th October 2005 as per cheque No.348276 dated 15/10/05 drawn on the Andhra Bank.  The respondents have collected the cheque.  With this payment nothing is due by  this petitioner to the respondents by way of power charges.  Now the petitioner is in receipt of a notice dated 17/10/05 demanding a sum of Rs.10,88,051/- within 15 days of the receipt of the notice, failing which  power will be disconnected.  Hence the complaint.  The averments in all other complaints are same and we are not repeating one by one. 

            2. The counter of  respondents 1 and 2 is that it is denied that the complainant is a prompt consumer.  It is incorrect that Exhibit P1 bill is illegal.  The bill is issued only to get the lawful electricity charges.  The complainant is not the real consumer.  Consumer Nos.8905B and 3142 are in the name of N.A.Salim.  The studio which is running by the complainant has high consumption of electricity.  There is provision in Indian Electricity Act to realize fixed charge and meter  rent along with electricity charges.  Hence dismiss.  The counter in all  other cases filed  by and on behalf of the Corporation are same and not repeating.  In all the cases Exhibit P1 bills are under challenge.

          3.So the common points for consideration are:

  1. Whether the complainant liable to pay Exhibit P1 bills amount?
  2. Other relief and costs. 

          4.The evidence adduced consists of Exhibit P1 in CC.1090/06,

CC.1089/06, Exhibits P1 to P6 in CC.752/06,  Exhibits P1 in CC.619/06, CC.501/06, CC.424/06, CC.423/06, CC.261/06, CC.119/06 and CC.5/06,  Exhibits P1 and P2 in CC.1068/05, Exhibits P1 in CC.497/07, CC.498/07, CC.499/07, CC.587/07, CC.595/07 and CC.596/07 on the part of complainant.  In every cases the Corporation submitted no evidence.

          5.  In all the complaints Exhibit P1 bills are under challenge.  During the  evidence stage the complainant admitted to pay the bill amount without penal interest.  In some of the cases the complainant admitted to pay the bill amount without penal interest  in the complaint itself.  At the time of hearing, counsel for complainant admitted that they are ready to pay the entire bill amount in each and every case without the penal interest.

            6. In the result all the complaints are  partly allowed and the complainant is directed to pay the entire bill amount without penal interest within two months from the date of receipt of copy of this order.  If not the Corporation can impose 12% interest from the complainant till realization.

          Dictated to the Confdl. Asst., transcribed by her, corrected be me and pronounced in the open Forum this the 28th  day of August 2010.

 
 
[HONORABLE Padmini Sudheesh]
PRESIDENT
 
[ Rajani P.S.]
Member
 
[ Sasidharan M.S]
Member

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