Andhra Pradesh

Nellore

CC/16/2015

Badugu Venkaiah,S/o. Pedda Lakshmaiah - Complainant(s)

Versus

1.Deputy Engineer APSPDCL - Opp.Party(s)

Inperson

09 Oct 2017

ORDER

 

                                                                      Date of Filing     :31-12-2014

                                                                  Date of Disposal:09-10-2017

 

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM:NELLORE

Monday, this the  9^th day of   OCTOBERBER, 2017

 

          Present: Sri Sk.Mohd.Ismail, M.A., LL.B., President

                         Sri K. Umamaheswara Rao, M.A., B.L., Member

                         Sri M. Subbarayudu Naidu, B.Com., B.L., LL.M., Member

 

C.C.No.16/2015

Badugu Venkaiah,

S/o.Pedda Lakshmaiah, Hindu,

Aged about 64 years,

Retired employee,

Agriculturist,

Resident of Near Grama Chavadi,

Annareddypalem village,

Vidavalur Mandal,

SPSR Nellore District.                                                               ..… Complainant        

                                                             Vs.

 

1.	Deputy Engineer, APSPDCL, Opposite to Rajarajeswari Temple, Dargamitta, Nellore.
2.	Assistant Engineer, APSPDCL, Vidavalur Village and Mandal, SPSR Nellore District.
3.	The Electricity Revenue Officer, APSPDCL,  Electricity Revenue Officer, Gandavaram, Kodavalur Mandal, SPSR Nellore District.                                                         ..…Opposite parties

                                                              

          This complaint coming on 25-09-2017  before us for hearing in the presence of the complainant and opposite party No.1 called absent  and Sri K. Padmanabhaiah,  advocate for the opposite parties  2 and 3 and having stood over for consideration till this day and this Forum made the following:

 

ORDER

                       (ORDER BY  SRI  K. UMAMAHESWARA RAO, MEMBER)

 

1.       This complaint is filed under Section-12 of Consumer Protection Act, 1986 prays  the Hon’ble Forum to direct the opposite parties to refund the  electricity demand bill amount i.e., Rs.24,310/-, dated 10-07-2014 already paid  and  direct the opposite parties 1 to3 to include the  complainant’s service connection into free consumption list.

2. The brief averments of the complaint in brief are as follows:

 

3.   The complainant is having agricultural service connection bearing No.325140/000/97.  The complainant is a small farmer and he is having 2.35  land in S.No.696/1, 693/A and 692 of Annareddypalem Panchayat Area , Mudivarthi Bit-II, Vidavaluru Mandal, Nellore District.  Subsequently, the complainant made several representationsto the opposite parties to  include his name in  the  small farmer’s group but the opposite parties did not respond.   Further the opposite parties collected Rs.24,310/- on 16-07-2014 from the  complainant towards  consumption charges.  So, the  acts of the opposite parties came under  the purview of  deficiency of service.  Hence the complaint.

 

4.     Written version  of opposite party No.2 filed and  adoption memo of opposite  party No.3 filed.

          The brief averments of the written version of  the opposite party No.2 are  as follows:  The opposite party No.2 submits  that as per the  records available in this office, the ASC.No.197/Annareddypalem was under  bill stop prior to 04/2004 and brought into live during 01/2015.  At the time of enumeration of free and paying category of  consumers, the consumer of ASC.No.197 / Annareddypalem may not satisfied the above conditions since he was an employee and may be  Income Tax Assessee.  Hence, he was continued under paying  category.  As  seen from the Account Coy of  said ASC.No.197/Annareddypalem, the consumer  has paid the following amounts  as against  arrear amount.

 

Month of Payment	Arrear Amount          (Rs.)	Amount Paid             (Rs.)
01/06	2284.00	1753.00
11/06	2390.00	1500.00
12/07	4236.00	1000.00
05/08	4192.00	4192.00
06/08	956.00	478.00
07/09	2908.00	40.00
03/10	1434.00	1434.00
Total amount	Paid Rs.	10397.00

 

 

   5.  The opposite parties further submit that the ASC.No.197 / Annareddypalem was under bill stop w.e.f. 04/2010 onwards.  During the inspection of bill stopp0ed services, it was noticed that the  consumer of ASC.No.197/Annareddypalem is utilizing supply during bill stopped period, resulting indulged in theft of power.  Instead of booking theft case against the consumer, the AE/O/Vidavalur has  sent a letter  to the  Electricity Revenue Office / N.R.Palem duly stating that the consumer of Agricultural I paying SC.No.197/Annareddypalem was under bill stopped during 2010 and the consumer is utilizing supply and requested to live the service.  Accordingly, demand was raised during 7/14  from 04/10 to 07/14 i.e., 52 months  as detailed below:

 

Customer Charges 52 Months  X 30     =      1560=00

Fixed Charges        52 Months X 87.50       22750=00

                                                                     

                                 Total  Amount            24,310=00

                                                                    

6.       The opposite parties submit that there is no penalty and interest charges  raised  to the consumer while demand rising.  As against the bill amount of Rs.24,310/-,  the consumer has not paid a single paise till to date and he continued utilizing supply.   Moreover, there is no threatening to the consumer to disconnect his house service  without issue of any notice.  The Agl.SC.No.197/Annareddypalem has not been disconnected so for even though the consumer has not paid a single paise  as against the above demands. No hasty action taken against the consumer for non-payment of electricity charges.

 

7.  The opposite parties submit that the consumer of ASC.No.197/Annareddypalem was an employee and he has not given self declaration as he is not an Income Tax Assessee duly certified by his employer.

Further, the following documents need to be required to avail free power supply.

•  Adangal copy

•  Land Possession Certificate issued by the Tahasildhar

• Self declaration of the consumer that he is not an Income Tax Assessee duly

  certified by Notary.

 

•  The consumer is using DSM measures for his service.

8.    The opposite party No.2 requested  to comply the conditions laid down in tariff order, then only it will be consider for free power.  So, there is no deficiency of service on the part of opposite parties.  Hence, at the time of hearing ,the Hon’ble Forum may be pleased to dismiss the complaint with costs. 

 

9.       On behalf of the complainant, chief affidavit of complainant was treated as P.W.1 and Exs.A1 to A10 were marked.

 

10.     On behalf  of opposite parties 2 and 3,  R.W.1 was examined and no documents were marked on their behalf.

 

11.       Written arguments on behalf of  complainant and opposite parties                2 and 3 were filed.

 

12.       Perused the written arguments of complainant and opposite parties 2and 3..

13.     Arguments on behalf of both parties heard.

 

14.       Now, the points that arise for determinations are:

          1) Whether there is any deficiency on the part of the opposite party

               towards complainant?

          2) Whether the complainant is entitled for the reliefs sought for?

          3) To what relief?

15. POINTS 1 AND 2:  As per the pleadings and evidence on record, we can understand that the complainant is having agricultural electricity service connection bearing No.325140/000/97.  In this case, the opposite parties admitted the complainant electricity service connection and his status i.e., small former category.  The complainant submits that he is a small former and he is entitled the benefit of free power from the opposite parties.  To prove the same, the complainant filed Ex.A7 to A9 documents.  The opposite parties contend that as per the records the complainant bill relates ASC. No.197/Annareddypalem was under bill stop with effect from 04/2010 onwards. But on enquiry it is noticed that the complainant utilizing supply during the bill stopped period, resulting indulge in theft of power. 

 

16.    The AE/O/Vidavalur sent a letter to the E.R.O/N.R.Palem stating that the complainant agricultural paying S.C.No.197 was under bill stopped during 2010.  For which, the demand was raised during 7/2014 from 4/2010 to 07/2014 i.e., 52 months  for Rs.24,310/- as stated in their counter.

 

17.   In this case, the complainant as against the bill amount of Rs.24,310/- the consumer has not paid a single paise to the opposite parties till to date and he continued utilizing the supply.  The same was also admitted by the complainant during the course of his arguments.    In this case, the complainant filed all necessary documents   before this Hon’ble Forum for conversion of his service connection into free power connection list. 

 

   18.     In this case, the complainant filed Ex.A4 document dated 11-08-2008 issued by the opposite party No.2 in favour of opposite party No.3 pertaining to  change of service from paying to free power category.  But, inspite of several requests made by the complainant, the opposite parties did not change the complainant service connection into free power connection category.  Without any valid reason, the opposite parties failed to change the complainant service connection into free power category which amounts to deficiency of service.

 

19.   The complainant during the course of arguments filed a memo dated                 25-09-2017 before this Hon’ble Forum, restricting his claim to convert his service into free service category.  The complainant, since the date of filing the complaint to till today did not pay the power consumption charges to the opposite parties. So, the opposite parties are at liberty to recover the balance amount if any from the complainant as per electricity rules and regulations.

 

 20.        In view of the above discussion, we are of the view that the complainant is entitled for free service connection from the opposite parties.    So, we answer the points in favour of the complainant and against the opposite parties.  Accordingly,  the complaint filed by the complainant against the opposite parties 1 to 3 is maintainable.

 

20. POINT No.3:       In the result, the complaint is partly allowed, directing the opposite parties 1 to 3 to include the petitioner’s service connection bearing A.S.C.no.3251401000197 into free power consumption category.

 

        But, in the special circumstances, each party do bear their own costs.

 

          Further,  the opposite parties 1 to 3are at liberty to recover the balance amount if any from the complainant as per electricity rules and regulations.

 

Typed to my dictation  by  stenographer,  corrected  and  pronounced by us in the open Forum, this the  9th  day of OCTOBER, 2017.

 

         Sd/-                                           Sd/-                                          Sd/-

      MEMBER                                MEMBER                           PRESIDENT

 

                                      APPENDIX OF EVIDENCE

 

Witnesses Examined for the complainant

 

P.W.1

21-12-2015

Badugu Venkaiah, S/o.Peda Lakshmaiah, Hindu, aged  about 65 years, Retd. Employee and agriculturist, resident of Near Grama Chavadi, Annareddypalem Village, Vidavalur Mandal, SPSR Nellore District.

 

Witnesses Examined for the opposite parties

 

R.W.1

06-11-2015

P.V.Madhu Mohan Rao, S/o.Venu Prasad, Hindu, aged about 42 years and working as Assistant Engineer, APSPDCL Ltd., Vidavaluru Village, SPSR Nellore District.

 

                           EXHIBITS MARKED FOR THE COMPLAINANT

 

Ex.A 1	01-08-2014	Office copy of legal notice.
Ex.A2	-	Photostat copy of acknowledgements (two in nos.)
Ex.A3		Photostat copies of returned acknowledgement
Ex.A4	11-08-2008	Letter issued by the opposite party No.2 in favour of opposite party No.3
Ex.A5	-	Photostat copy of certificate issued by the VRO,Mudivarti-II, Vidavalur Mandal.
Ex.A6	16-07-2014	Photosta copy of electricity bill for RS.24,310/-
Ex.A7	14-09-2017	Complainant self  Notarized Affidavit.
Ex.A8	22-04-2017	Complainant’s land adangal Copy
Ex.A9	22-04-2017	Complainant’s land title deed (IB)
Ex.A10	-	Two photographs

 

                         EXHIBITS MARKED FOR THE OPPOSITE PARTIES

 

NIL-

 

 

                                                                                                             Id/-

                                                                                                      PRESIDENT

 

Copies to:

 

1.	Badugu Venkaiah, S/o.Pedda Lakshmaiah, Hindu, Aged about 64 years, Retired employee, Agriculturist, Resident of Near Grama Chavadi, Annareddypalem village, Vidavalur Mandal, SPSR Nellore District.
2.	The Deputy Engineer,APSPDCL, Opposite to Rajarajeswari Temple, Dargamitta, Nellore.
3.	Sri K. Padmanabhaiah, Advocate, Sreerama Nilayam, 1st street, 23/1301, Tekkemitta, Nellore-3.

Date when free copy was issued: