By Smt. Padmini Sudheesh, President:
The case of complainant is that he is conducting a hotel by name K.G. Hotel. His father was conducted the same and is no more. The complainant is the present consumer of electric connection No.2402 allotted to K.G. Hotel. The complainant has taken two connections for conducting the hotel and is using the electricity normally. There is no misuse of electricity. He is a prompt consumer and paid additional bills amount issued. While so a notice dated 16.3.04 issued by respondents demanding Rs.9307/- as arrears upto 2/01. The notice is illegal and baseless. During the period 26.5.99, 26.5.2000 the complainant has paid the additional bills amount. At that time there is no information from the respondents with regard to the opening balance on 4/96 and the demand short on 4/97 and 3/98. Hence the complaint.
2. The counter is that there is an electricity connection vide consumer No.2402 in the name of K.V. Krishnan. The connection comes under VII B Tariff. The arrear notice issued is legal and complainant is liable to pay the bills amount. There was card system and for additional consumption bills were issued. The complainant failed to pay the additional bills issued for 9/96 to 2/01. There is opening balance arrear for Rs.1029/- on 4/95. There are arrears of Rs.9307/- upto 2/01. The complainant is liable to pay this amount. The connection comes under VII B Tariff and commercial connection. So the complainant has no locus standi to file complaint before the Forum. There is no deficiency in service from respondents. Hence dismiss.
3. The points for consideration are that:
(1) Is there any deficiency in service from respondents?
(2) If so reliefs and costs.
4. The evidence consists of Exts. P1 to P5 and oral testimony of PW1. The respondents submitted no evidence.
5. Points: The complaint is filed to cancel Ext. P1 notice by stating it is illegal and baseless. It is the case of complainant that they have paid bills amount and additional bills amount and there is no arrears due. They have produced Ext. P4 and P5 receipts to show the payments made on 26.5.2000 and 26.5.99. As per Ext. P1 there was arrear upto 2/01. But from Ext. P4 and P5 it can be seen that some amounts have been paid by complainant on 26.5.2000 and 26.5.99. From this it is clear that Ext. P1 notice is illegal.
6. In the complaint itself the complainant stated in detail that some amounts paid on various dates. The complainant is examined as PW1 and he stated that Ext. P1 bill is baseless but there is no cross examination on this point. On going through the cross examination it can be seen that all the questions are with regard to “commercial aspect”. There is no question about the validity and legality of Ext. P1 bill.
7. Even if a detailed counter has been filed by respondents at the time of evidence it is submitted that the respondents have no evidence. They alleged that since the tariff comes under VII B the complainant is a commercial consumer and the complaint is not maintainable before the Forum. But while examining PW1 he deposed that he and his family members are running the hotel business and no other workers are there. According to him they are conducting the hotel business for their livelihood and no other source of income for them. There is no evidence adduced by respondents to prove that the complainant’s hotel is a commercial concern.
8. In the result the complaint is allowed and the Ext. P1 bill stands cancelled. There is no order as to costs and compensation.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the 29th day of October 2011.
