Complainants : 1. Sony George, Chirayath House, Eastern Bazar,
Thrissur.
2. Bigini Johnson, Muringatheri House, Kunduvara,
Chembukkavu, Thrissur..
(By Adv.A.D.Benny, Thrissur)
Respondents : 1. Asst. Secretary, Thrissur Corporation Electricity Wing,
Thrissur Corporation, Thrissur.
2. Thrissur Corporation, rep. by Secretary, Thrissur
Corporation, Thrissur.
(By Adv.Sangeetha Viswanathan, Thrissur)
ORDER
By Sri.M.S.Sasidharan, Member
The complainants are the consumers of electricity connection No.7045 B. They are managing the complainants firm namely Best Bakery as a partnership firm for the purpose of earning their livelihood as means of self employment. The complainants used to pay the electricity charges regularly The respondents issued a notice to pay Rs.57,950/- as arrears of electricity charges upto 3/01. However the notice is issued without any basis and no details are given. The amount called for is time barred also. Hence the complaint filed.
2. Averments in the counter filed by the respondents are that : The disputed electricity connection is billed under commercial tariff and it is used for commercial purposes. So the complainants are not consumers as defined under the Consumer Protection Act and the complaint is not maintainable. The complaint is filed against the notice for arrears of electricity charges for Rs.57,950/-. The complainants defaulted the electricity charges regularly. The complainants defaulted the electricity charges as per the invoice card and also the additional bills. When they had to pay Rs.80,000/- as arrears they obtained instalment facility from Hon’ble Mayor and paid Rs.32,930/- on 12/2000 and 1/2001 and further instalments were not paid. The complainants have not paid any amount upto 4/2001. Hence they had to pay Rs.57,950/- upto 3/2001 as arrears of electricity charges. And the complainants are liable to pay the amount. Hence dismiss the complaint.
3. Points for consideration are :
1) Is the complaint maintainable ?
2) Are the complainants liable to pay the amount as per the Exhibit P1 Notice?
3) Other reliefs and costs ?
4. Evidence adduced are Exhibits P1 to P7 and the oral testimony by the PW1. No evidence has been adduced by the respondents.
5. The complainants have stated that the complainant firm is a partnership firm and they manage the firm for the purpose of earning their livelihood by means of self employment. But the respondents claimed that the disputed electricity connection is billed under commercial tariff and the complainants are using it for commercial purpose. So they have stated that the complainants are not consumers as defined under the Consumer Protection Act and hence questioned the maintainability of the complaint before the Forum. The complainants have stated that they are managing the firm for the purpose of earning their livelihood. The 2nd complainant is examined as PW1. She has deposed that
At the same time no evidence are produced to prove that the complainants are making profit or they are not depending upon the complainant firm for their livelihood. Since the livelihood is pleaded and there is no evidence to the contrary the complainants come under the purview of ‘consumer’ as per Section 2(1)d(ii) of the Consumer Protection Act and the complaint found maintainable.
6. The complainants have stated that they used to pay the electricity charges regularly and that they are not liable to pay the amount as per the Exhibit P1 notice. The respondents have stated that the complainants defaulted the electricity charges as per the invoice card and also the additional bills issued at that time. When the complainants had to pay Rs.80,000/- as arrears, they obtained instalment facility from the Mayor and paid Rs.32,930/- and left the balance intalment unpaid. When cross examining the PW1 she has deposed that ‘additional bills
However the respondents produced no evidence to prove their claim.
7. Exhibit P1 notice is issued on 15/3/08 and the period of arrears is stated upto 3/01. Exhibit P2 bill is issued on 18/2/08. However no arrear amount is stated in Exhibit P2 bill. Hence the Exhibit P1 is hit by Section 56(2) of the Indian Electricity Act.
8. In the result the complaint is allowed and the Exhibit P1 notice is set aside. There is no order to compensation or cost.
Dictated to the Confdl. Asst., transcribed by her, corrected by me and pronounced in the open Forum this the 20th day of April 2012.
Sd/-
M.S.Sasidharan, Member
Sd/- Padmini Sudheesh, President
Sd/- Rajani.P.S., Member
Appendix
Complainant’s Exhibits
Ext. P1 Arrear notice
Ext. P2 Bill
Ext. P3 Receipt
Ext. P4 Copy of receipts 2 Nos.
Ext. P5 Copy of lawyer notice
Ext. P6 Postal receipts
Ext. P7 Rent deed
Complainant’s witness
PW1 – Bigini
Id/-
Member
