Tamil Nadu

Thiruvallur

CC/66/2013

Mrs.R.Kamini - Complainant(s)

Versus

M/s TNEB, Thiruvallur & 3 Others - Opp.Party(s)

M/s A.R.Poovannan

17 Apr 2015

ORDER

                                                                                  Date of filling :    06.12.2013

                                                                             Date of Disposal:17.04.2015

DISTRICT CONSUMER DISPUTES REDRESSAL, FORUM, THIRUVALLUR

THIRU. K.JAYABALAN, B.SC., B.L.,             PRESIDENT

  TMT. S. SUJATHA B.SC.,                                 MEMBER – 1

                                                           TR. V.VENKATESAN, M.A.B.ED.,M.B.A.M.PHIL.B.L.,   MEMBER -II           

                                                                                              CC.NO.66/2013

DECIDED ON THIS 17^th DAY OF APRIL 2015

Mrs.R.Kamini,

Wife of late Rajendran,

No.2, 1^st Cross Street,

Jaya Nagar,

Tiruvallur Town 602 001.

                                                                                                         ..…Complainant

                                                                                 /versus/

1.The Assistant Engineer (O&M)

Tamil Nadu Electricity Board,

Tiruvallur 602 001.

 

2.The Superintending Engineer,

TNEB, Kancheepuram.

 

3.The Accounts Officer,

TNEB, Chennai – 2.

4.The Chairman,

TNEB, Chennai – 2.                                                                       ….Opposite party

 

Date of Complaint                                         :            2.12.2013

Counsel for Complaint                                :            M/S A.R.Poovannan

Counsel for opposite party                          :              Set Exparte

 

ORDER

BY PRESIDENT, THIRU K.JAYABALAN B.SC.,B.L.,

            This complaint is filed by the complainant u/s 12 of the Consumer Protection Act 1986.CC 66/2013

COMPLAINT IN BRIEF:

       1.The complainant is having EB service connection No.364/019/94 in her house at No.2, 1^st cross Street, Jaya Nagar, Tiruvallur Town-602 001. Initially the said connection was in her husband V.Rajendran name and after his death she succeeds his property including the above said connection and she is enjoying the same with her daughters. The 1^st opposite   party  EB office situated in the complaints house for the period of 2001 to 2009 for rent. The 1^st opposite party themselves maintained the EB card by paying the Bill for the current consumed by them. The 2^nd to 4^th opposite parties are the superior for the 1^st opposite party. During 2009 the 1^st opposite party shifted their office from the complainant house and at the time they even failed to handover the consumption card to the complainant. Then the complainant rented the house to a private party and the opposite party collected to the nominal charges towards service connection and issued receipts, since they fail to furnish the correct account to the complainant. Though the complainant often demanded the 1^st opposite party to regulate the account and issue a proper consumption card, they did’t give any reply. All of a sudden the opposite party issued a notice dated 8.02.2013 claiming a sum of Rs.55, 909/- as arrears. The complainant approached the opposite party to explain proper calculation to the notice. But nobody responded to her. Again the opposite party issued a notice dated 18.06.2013 claiming a sum of Rs.43, 774/- Even such a calculation is wrong and no one is there the opposite party to give proper explanation for the calculation arrived. While so the service connection of the complainant was disconnected during February 2013 illegally. For want of Electricity the tenant vacated the premises and the complainant has lost Rs.15, 000/- per month towards rental income and the complainant has suffered with financial crunch with mental agony. If the opposite parties calculated the amount month by month for units consumed, the amount demanded by the opposite party would not have come and it would be a very less amount. The complainant issued a legal notice to the opposite parties and 1^st opposite party only replied   seeking   time to reply to render  proper accounts .However no proper explanation given by the opposite party to the complainant for the calculation arrived by them. Hence the complainant filed this complaint praying to restore service connection, render proper calculation of the bill, and a sum of Rs.1, 20,000/- towards the loss of rent and a sum of Rs.2, 00,000/- towards compensation with cost of the complaint.

             2.Though the opposite parties 1 to 4 received notice, they did not appear before this Forum,  and hence  they were Set Exparte.

            On behalf of the complainant she filed proof affidavit and Ex.A1 to A15  were  marked on her behalf.

3.POINTS FOR CONSIDERATION:

1. Whether the opposite parties 1 to 4 committed any deficiency in service?
2.  To what relief the complainant is entitled?

4.POINT : 1

            The complainant case  that she  is the owner of the house   at No. 2, 1^st cross Street, Jaya Nager, Tiruvallur Town and she succeeded the property after death of her husband and in the said premises  the 1^st opposite party office is in occupation for the period 2001 to 2009 by paying rent to her and the 1^st opposite party themselves paid the current consumption charges and they vacated the premises during 2009 and at that  time they did not hand over consumption card to the complainant and after that the complainant rented the house to a private party and derived rental income and all of a sudden the opposite party sent a notice dated 08.02.2013 demanded to pay a sum of Rs.55909/- towards arrears and after protest made by the complainant by an another notice the demand reduced to Rs.43,774/- and again the complainant stated that it is an  improper calculation and the opposite party failed to reply to her and they disconnected the service during February 2013 and  thereafter issuing  notice to the opposite parties filed this complainant for the deficiency in service committed by them and also  mental agony caused to her.

            5.After the 1^st opposite party vacated the office the complainant was regularly paying the current consumption charges which is evidenced by Ex.A1 current  consumption card and Ex.A2 to A8 receipt for the payment issued by the opposite parties for the period 11.11.2010 to 31.03.2012. Ex.A9 is the representation made by the complainant to the 1^st opposite party. Ex A10 is the demand notice issued to the complainant claiming a sum of Rs.55, 909/-. The complainant contended that month by month the units consumed were calculated   the amount claimed in the Ex.A10 would not come. However even after protest made by the complainant the 1^st opposite party did not render correct calculation arrived by them for the amount claimed in Ex.A10.Even after issue of Ex.A11 legal notice the  opposite parties did not render correct calculation. The 1^st opposite party gave Ex A14 reply stating that the proposal sent to the Assistant Accounts Officer and after receipt of reply from  they would intimate in 15 days from the date  of the letter dated 10.09.2013 . However no reply sent by the 1^st opposite party to  the complainant in respect of the accounts till the date of filing of the complainant. If every month the units were calculated and amount arrived by them certainly it would be a less amount and further that method is only a proper calculation for arriving consumption charges. Further the opposite parties did not render proper calculation for the amounts arrived in Ex.A10 even after issue of legal notice establishes that the opposite parties committed deficiency in service.

6.POINT :2

            Admittedly the service was disconnected during February 2013. The complaint was filed on 02.12.2013. Pending the proceeding of the complaint, the opposite parties corporation issued Ex.A15 dated 16.04.2014 a claim for Rs. 17,032/- payable by the complainant.

7. During argument the counsel for the complainant also stated that they have paid the amount as per Ex.A15 and reconnection was given on 16.04.2014. In view of the reconnection given by the EB corporation, the complainant counsel endorsed in the complaint at the time of the arguments that he is not pressing the prayers 1 & 2 and however  he argued to pass order in respect of other reliefs as the complainant sustained loss of rental income.

8.The complainant case is that immediately after disconnection was made February 2013, the tenant has vacated for want of power. As per statement of complainant the premises would have been vacant from March 2013 to till they gave reconnection i.e April 2014 for 14 months and such 14 months the complainant lost her rental income.

9.The complainant stated in the complaint that she lost Rs.15, 000/-per month towards rental income is accepted since there is no contra evidence on behalf of the opposite parties. Further the complainant lost her income and also opposite party disconnected the electricity to her house caused mental agony to her is also accepted. If the loss of rent at the rate of Rs. 15,000/- per month is calculated for 14 months, it comes to a sum of Rs.2, 10,000/-. However, the complainant himself claimed a sum of Rs.1, 20,000/- towards the loss of rent which is a reasonable amount for which the complainant is entitled apart from that she is entitled for compensation of Rs.50, 000/- besides a sum of Rs.3, 000/- towards litigation expenses.

In the result the complaint is partly allowed. The opposite parties 1 to 4 jointly or severally directed to pay a sum of Rs.1, 20,000/- (Rupees One Lakh Twenty Thousand Only) towards rental income and also pay a sum of Rs.50, 000/- (Rupees Fifty Thousand Only) towards compensation, besides a sum of Rs.3000/- towards litigation expenses.

The above amounts  shall be payable to the complainant within 6 weeks from the date of receipt of copy of this order failing which the amounts shall carry 9% interest till the date of payment.

Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 17^th day April 2015.

 

MEMBER –I                            MEMBER – II                            PRESIDENT

 

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1  dated                          - Xerox Copy of Current Consumption Card (Old Card)

Ex.A2  dated.  11.11.2010  -Xerox Copy of Receipt for Payment

Ex.A3. dated. 19.01.2011  - Xerox Copy of Receipt for Payment

Ex.A4. dated. 28.06.2011  -Xerox Copy of Receipt for Payment

Ex.A5.dated.01.08.2011 - Xerox Copy of Receipt for Payment 

Ex.A6.dated.26.08.2011 -  Xerox Copy of Receipt for Payment           

Ex.A7.dated.30.11.2011 -  Xerox Copy of Receipt for Payment  

Ex.A8.dated.31.03.2012  -  Xerox Copy of Receipt for Payment 

Ex.A9.dated.01.09.2012    -  Xerox Copy of Representation by the Complainant

Ex.A10.dated.08.02.2013  - Xerox Copy of Demand Notice by the TNEB

Ex.A11.dated.05.08.2013  - Xerox Copy of Legal Notice by the Complainant

Ex.A12.dated             -        - Xerox Copy of Acknowledgement card for Opposite

                                              Parties 1,2 & 4

Ex.A13.dated.24.08.2013  - Xerox Copy of Return Cover from the 3^rd Opposite party

Ex.A14.dated.10.09.2013   -Xerox Copy of Reply Notice by the 1^st Opposite Party

Ex.A15.dated.16.04,2014  –Xerox Copy of Receipt for Payment

 

LIST OF DOCUMENTS OPPOSITE PARTIES: -Nil-

Sd/-                                               Sd/-                                               Sd/-

MEMBER –I                            MEMBER – II                            PRESIDENT