| The appellant, Sri P. Vasu, is a consumer with consumer number 9208 under Electrical Section, Ottappalam. During 1988 the appellant availed the service connection with a connected load of 3 kW under LT VII A tariff. As the appellant defaulted payment of Rs. 318.00 (Bill No. 0310446 dated 13-03-2001), his service was disconnected on 30-06-2001. Even though the appellant remitted the bill amount along with interest and other expenses amounting to Rs. 343.00 on 02-07-2001, the service connection was not restored. On enquiry, it was informed that an arrear amount of Rs. 3,308.00 was pending towards the adjustment invoice issued for the period from 9/1998 to 5/2000. It is alleged that only after remitting the adjustment invoice amounting to Rs. 3,308.00 the appellant is entitled to get the service reconnected. Aggrieved against this, the appellant approached various courts for the redressal of his grievances, but failed. The appellant was issued another demand notice dated 29-09-2014 for Rs.24771/- comprising fixed charges, meter rent for the disconnected period from 30-6-2001 to 30-9-2014 by the respondent.
Against the judgements and decrees in OS No. 346/2001 Munsiff Court, Ottappalam dated 12-08-2005, AS No. 125/2005 of Sub Court Ottappalam dated 28-08-2011, OS No. 444/2004 of Munsiff Court, Ottappalam dated 30-06-2009, AS No. 36/2009 of Sub Court, Ottappalam dated 26-02-2014; the appellant filed regular second appeals before the Hon’ble High Court of Kerala vide RSA No. 412/2012 and RSA No. 973/2014 respectively. The Hon’ble High Court disposed of the cases vide judgement dated 05-11-2014 directing the appellant to invoke Regulation 37 of the KSEB Terms and Conditions of Supply, 2005. Such motion shall be made by the appellant on or before 30-11-2014 and directed the respondent Board to reconnect the supply after carrying out the statutory formalities and such reconnection shall be done immediately on depositing one third of the demanded amount as per bill dated 29-09-2014. The recovery of balance amount depends upon the outcome of the motion made under Regulation 37 referred to above. The appellant remitted an amount Rs. 11,565.00 including arrear amount of Rs.3308/- vide receipt No. 65330141126102133 dated 26-11-2014 as per the order of the Hon’ble High Court and the service got reconnected.
Accordingly, the Executive Engineer, Electrical Division, Shornur after conducting a personal hearing, disposed of the petition vide order dated 30-05-2015 by holding that the adjustment invoice issued to the appellant for Rs. 3,308.00 is in order and reassessed the arrear electricity charges for the period from 30-6-2001 to 30-12-2001 as Rs.1932/- and charges for new connection as Rs.5200/- in addition to the arrear amount of Rs. 3,308.00. It was also directed to adjust the balance amount of Rs.1,125/- (11565-10440{3308+1932+5200}) in the future electricity bills. Still aggrieved, the appellant preferred a complaint before the Hon'ble Consumer Grievance Redressal Forum, Kozhikode vide OP No. 42/2015-16 and the same was dismissed on 09-03-2016. Against the order of CGRF, the appellant has filed this appeal petition before this Authority.
So, in view of the above findings, the appeal petition is disposed of directing the respondent to refund the excess amount remitted by the appellant (Rs. 8,237.00 – Rs. 7,132.00 = Rs. 1,105.00) against his future bills. The order of CGRF in OP No. 42/2015-16 dated 09-03-2016 is upheld. No order as to costs. |
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P/028/2016 Sri. P. Vasu Palakkad 