LAWS(KERCDRC)-2009-8-2

KSEB Vs. SOSAMMA VARGHESE

Decided On August 07, 2009
KSEB Appellant
V/S
Sosamma Varghese Respondents

JUDGEMENT

(1.) THIS appeal prefers from the Order passed by the CDRF, Kollam in the file of OP No. 412/04 dated 21.11.2006. The appellants are the opposite parties prefer this appeal from the above order.

(2.) THE complainant is a senior citizen and a widow. In the year 1995, the complainant obtained an electrical connection to her house as per consumer No. 7676 of Electrical Section, Chengamanadu. The said connection was obtained by the complainant under the OYEC Scheme after paying an amount of Rs. 1,250 on 24.11.1995 as demanded by the 3rd opposite party. Ever since, the complainant has been paying the monthly electricity bills as demanded by the opposite parties. On 2nd week of September 2004, the complainant received a notice demanded a further payment of Rs. 10,750 towards balance OYEC charge. Demand notice issued after a period of 9 years is a huge deficiency of service on the part of the opposite parties and prays for relief. The opposite party simply filed a version contending that the connection had been sanctioned to the complainant for construction 35 metres of weather proof portion only. But the complainant had effected by drawing 43 metres of weather proof wire and as per existing rules the OYEC amount for the construction of service portion beyond 35 metres to 65 metres is Rs. 12,000. Hence the complainant is liable to pay Rs. 10,750.

(3.) THE Forum below considered two points, whether there is any deficiency in service on the side of the opposite parties? And reliefs and costs? The complainant examined as PW1 and marked as Exts. P1 and P2. P2 is the Power of Attorney. There is no evidence adduced by the opposite party. The Forum below discussed the evidence adduced by the complainant and the contentions of the versions filed by the opposite parties before the Forum below. The Forum below allowed the complaint and set aside the demand notice of Rs. 10,750 dated 13.9.2004 issued by the opposite parties and ordered no costs and compensation. The opposite parties prefer this appeal from the above impugned order passed by the Forum below.