At, Tamil Nadu State Consumer Disputes Redressal Commission Chennai
By, THE HONOURABLE MR. JUSTICE E.J. BELLIE
By, PRESIDENT & THE HONOURABLE MR. V.S. KANDASAMY
By, MEMBER
For the Appellants: N. Kanagasabai, Advocate. For the Respondent: In Person.
Judgment Text
E.J. Bellie, President
1. In this matter for non-payment of electricity charges the Electricity Board of which the 3 opposite parties are the officers disconnected the electricity from the house of the complainant who is an Advocate. Alleging that the opposite parties are guilty of deficiency in service, the complaint has been filed for compensation.
2. The opposite parties resisted the claim, but the lower Forum accepted the case of the complainant and it ordered refund of the reconnection charges of Rs. 33/- and a compensation of Rs. 1,500/- with the cost of Rs. 350/-
3.The plea of the complainant before the lower Forum was that under Section 24 of the Indian Electricity Act of 1910 the opposite parties for disconnection should have given 7 clear days’ notice in writing to him and that has not been done and, therefore, they are guilty of deficiency in service. As against this the opposite parties contended that in the white meter card it has been clearly mentioned that if the electricity charges has not been paid within 7 days from the last date for payment, the electricity will be disconnected, and this amounts to 7 days clear notice as contemplated under Section 24 of the Indian Electricity Act. We are unable to accept this contention of the opposite parties. A reading of Section 24 clearly shows that the question of giving notice arises only when the electricity charges is not paid and not before and this being the case the said statement mentioned in the white meter card cannot be considered or regarded as such a notice.
4. Therefore we are of the view, that the Forum below has rightly held that the opposite parties are guilty of the deficiency in service. As regards the compensation and costs
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awarded, we do not see any ground for interference with that. 5. In the result, therefore, the appeal is dismissed with a cost of Rs. 250/-. Appeal dismissed with costs.