CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI Complaint Case No. CC/125/2017 ( Date of Filing : 22 Jun 2017 ) 1. Sajeev Kannattukudy puthenpura Mankulam P O,Adimali Idukki Kerala ...........Complainant(s) Versus 1. Secretary KSEB VyduthiBhavn Pattom Trivandrum Kerala 2. Asst.Engineer KSB Adimali Idukki Kerala 3. Secretary Gramma Panchayth Adimali Idukki Kerala ............Opp.Party(s) BEFORE: HON'BLE MR. S Gopakumar PRESIDENT HON'BLE MR. Benny K MEMBER For the Complainant: For the Opp. Party: Dated : 30 Jan 2018 Final Order / Judgement DATE OF FILING : 22.6.2017 IN THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI Dated this the 30th day of January, 2018 Present : SRI. S. GOPAKUMAR PRESIDENT SRI. BENNY. K. MEMBER CC NO.125/2017 Between Complainant : Sajeev, S/o. Yoyaki, Kallathu @ Kannattukudyil Puthenpurayil House, Irumpupalam, Valara P.O., Adimali, Idukki. (By Adv: Sijimon K. Augustine) And Opposite Parties : 1. The Secretary, Kerala State Electricity Board, Vydyuthi Bhavan, Patttam, Thiruvananthapuram. 2. The Assistant Engineer, Kerala State Electricity Board, Electrical Section, Adimali P.O., Idukki ? 685 561. 3. The Secretary, Adimali Grama Panchayath, Adimali P.O., Idukki. O R D E R SRI. S. GOPAKUMAR, PRESIDENT Complainant is a consumer of electricity connection having No.13187 provided to his building No.587 situated in Adimali Gramapanchayath as LT VIIA tariff for running a handicraft business. This connection was installed in the year 2012 and ever since the complainant is remitting the electricity bill without any default. The complainant himself is running the business for his livelihood. On 15.6.2017, the 2nd opposite party entered the said premises and tried to disconnect the electric connection, as to the pretext that there is some complaint against this connection, arbitrarily without having any prior notice or providing a chance to hear the complainant. The complainant further stated that the attempt of the opposite party was based on some (cont......2) - 2 - illmotivated complaints from some local political parties. The complainant has not committed any mistake or defaulted any bill. If the electric supply is disconnected, the complainant will cause loss and damages. The attempt of opposite parties to disconnect the power supply of the complainant is on fictitious ground and is illegal and deficiency in service from their part. Hence the complainant filed this petition for getting a direction to the opposite party to withdraw from the attempt of disconnecting the power supply of the above said connection and also direct to pay an amount of Rs.10000/- as compensation and Rs.5000/- as litigation cost. In their version, opposite parties contended that the complainant submitted an application to enhance the connected load on 23.11.2016. While submitting the application, the complainant clubbed the existing connected load with the electrical apparatus installed in the renovated building. While on inspection, 2nd opposite party found that the wiring was not completed as per their guidelines and the application kept pending. In the meantime, the Secretary, Adimali Grama Panchayath forwarded a letter citing the unlawful construction of the complainant and requested the 2nd opposite party to refrain from providing service connection to the renovated building. The Secretary, Adimali Grama Panchayath, issued the notice directing to demolish the renovated building, was addressed to the complainant. The 2nd opposite party only acted in accordance with the instruction of the authorities. Opposite parties further contended that as per clause (e) of Sub Regulation (1) of Regulation 138 of the Kerala Electricity Supply Code 2014 stated that the licence can disconnect the supply of any consumer ''if the conduct or continuance of any business or industry or activity being carried out in any premises becomes unlawful due to lack of necessary permission from the competent authority or due to permission from the competent authority or due to withdrawal of such permission by any competent authority." The case being so, there is no deficiency in service on the part of the opposite party warranting interference of the Forum. (cont......3) - 3 - Opposite party further contended that the disconnection notice was sent on valid grounds and under the frame work of the Regulation of Kerala Electricity Supply Code 2014. From the complainant side Ext.P1 to P3 were marked. No oral evidence adduced. Ext.P1 is the copy of cash receipt of property tax payment dated 27.7.2016 to the Adimali Grama Panchayath and Ext.P2 is the copy of notices issued by the 2nd opposite party to the complainant dated 15.6.2017. Ext.P3 is the copy of building tax receipt dated 28.7.2016 of Adimali Grama Panchayath. From the defence side, 2nd opposite party was examined as DW1 and Exts.R1 and R2 marked. Ext.R1 is the copy of letter issued by the Adimali Panchayath to the 2nd opposite party. Ext.R2 is the copy of Ext.P2. Heard both sides in detail. The point that arose for consideration is whether there is any deficiency in service from the part of opposite parties and if so, for what relief the complainant is entitled to ? The POINT :- We have carefully gone through the records and considered the deposition. The defence version is that they happened to issue the Ext.P2 notice to the complainant only on the basis of Ext.R1 notice, which is issued by the Adimali Grama Panchayath to 2nd opposite party requesting them to dismantle the electric connection of the complainant alleging that the building where the connection is installed is an unauthorised one. While on examination, DW1, Sub Engineer, Electrical Section, Adimali, categorically deposed that the electric connection in question is installed authorisedly after proper and lawful inspection. This connection is granted to a pucca building, which carries proper building number which is allotted by the Adimali Grama Panchayath. Ext.R2 notice is issued only on the basis of the Ext.R1 notice, which was issued by the Secretary, Adimali Grama Panchayath. The witness further deposed that he has not gone through or verified the (cont......4) - 4 - resolution that stated in the notice and no copy of resolution is attached with the Ext.R1 notice. He further deposed that he is not aware that whether Ext.R1 notice is having any legal entity or it is lawfully issued. While on perusing Ext.R1, we can see that, this notice is issued to the 2nd opposite party, by the Secretary, Adimali Grama Panchayath, addressing to one Baby, S/o. Yoyukki, Kallathe Veedu, Valara P.O. But no evidence is produced by the 1st opposite party to convince that, whether the Secretary, Adimali Grama Panchayath, directed the opposite party to disconnect the power supply of the complainant which is installed by them legally. Moreover, no notice was received by the complainant from the Adimali Grama Panchayath challenging the construction of the building. On perusal of Exts.P1 and P3, it is very clear that, the complainant is remitting the requisite building and property tax to the Adimali Grama Panchayath of the building where the electric connection is installed. From the above discussion, the Forum is of a considered view that, the Ext.P2 notice issued by the 2nd opposite party to the complainant is having no legal footing and the Forum directs the opposite party to withdraw the said notice and restrained them from dismantling the electric connection of the building having No.587 owned by the complainant. No order to cost or compensation. Pronounced in the Open Forum on this the 30th day of January, 2018 Sd/- SRI. S. GOPAKUMAR, PRESIDENT Sd/- SRI. BENNY. K., MEMBER (cont......5) - 5 - APPENDIX Depositions : On the side of the Complainant : Nil. On the side of the Opposite Party : DW1 - Gibi S. Thekkel. Exhibits : On the side of the Complainant : Ext.P1 - copy of cash receipt of property tax payment dated 27.7.2016 to the Adimali Grama Panchayath. Ext.P2 - copy of notices issued by the 2nd opposite party to the complainant dated 15.6.2017. Ext.P3 - copy of building tax receipt dated 28.7.2016 of Adimali Grama Panchayath. On the side of the Opposite Party : Ext.R1 - copy of letter issued by the Adimali Panchayath to the 2nd opposite party. Ext.R2 - copy of Ext.P2. Forwarded by Order, SENIOR SUPERINTENDENT [HON'BLE MR. S Gopakumar] PRESIDENT [HON'BLE MR. Benny K] MEMBER