Telangana

Khammam

CC/16/2015

Smt. Palivela Anupama, W/o. Dr. Palivela Ramana,H.No.10-4-36, Mamillagudem, Khammam. - Complainant(s)

Versus

1. The Assistant Divisional Engineer, Operation, N.P.D.C.Ltd., C/o. S.E. Office, Mamillagudem, Kham - Opp.Party(s)

Sri.A.Venkata Ramana

21 Apr 2018

ORDER

BEFORE THE DISTRICT CONSUMER FORUM AT KHAMMAM

 

Dated this, the  23^rd  day of April, 2018

          CORAM: 1. Sri. P. Madhav Raja, _{B.Sc., M.Li.Sc. LL.M.,}– President

                        2. Sri. R. Kiran Kumar_{, B.Sc., LL.M.} – Member

                                   C.C. No.16/2015

Between:

Smt. Palivela Anupama, W/o. Dr. Palivela Ramana,

Age: 46 years, Occu: Housewife,

R/o. H.No.10-4-36, Mamillagudem, Khammam.                    

…Complainant

                                    And

1. The Assistant Divisional Engineer, Operation,

N.P.D.C.Ltd., C/o. S.E. Office, Mamillagudem,

Khammam.

 

2. The A.A.O., N.P.D.C.Ltd., E.R.O.,

     Guttala Bazar, Khammam District.                     …Opposite parties

 

        This C.C. is coming before us for hearing in the presence of                          Sri A. Venkata Ramana, Advocate for complainant; and of Sri. G. Harendar Reddy, Advocate for Opposite Party Nos.1 & 2; upon perusing the material papers on record; upon hearing arguments and having stood over for consideration, this Forum passed the following:-

ORDER

(Per Sri. P. Madhav Raja, President)

 

This complaint is filed under section 12(1) of the Consumer Protection Act, 1986. 

 

1. The set of brief facts in the complaint are that the husband of   complainant profession is Ayurvedic Doctor, permanent Resident in Mamillagudem locality of Khammam. The complainant being  owner had obtained Service Connection in the month of October, 2012 by paying Rs.6,025/- towards installation charges, on which the SC No.02111-81801 were sanctioned on her name, ever since the complainant was paying consumption charges regularly up to February,2015.  In the month of October,2014 the Opposite Parties collected an amount of Rs.15,600/- without prior notice and on 19-03-2015 the Opposite Parties changed the existing meter without any notice and knowledge of the complainant. The complainant received March,2015 bill in the month of April 2015, in which an amount of Rs.43,556/- is shown as previous dues and consumption chares for the month of March,2015 shown as Rs.3,756/-, thus in total Rs.47,312/- without any basis of record. That after receiving the excess bill, on 18-04-2015 approached the Opposite Party No.1 and requested to delete the excess amount while agreeing to pay monthly consumption charges of Rs.3,756/-.  Apart from this, the complainant is having two more Service Connections on her name vide No.211178739 i.e. Medical Shop, 02111-82114  i.e. Residence up stairs and disputing connection is located in clinic.  Further complainant stated that the Opposite Parties without giving any prior notice or without receiving any complaint from complainant, the service meter was changed and also an excess amount was levied, which amounts to irregularity on part of Opposite Parties, and the Opposite Parties arbitrarily issued excess bill without hearing the complainant.  Thus the Opposite Parties failed to render service in regular manner, which is amounts to deficiency of service.  The alleged previous dues shown in the bill is void and Opposite Parties are not entitled to such amount. The complainant aggrieving by the acts of Opposite Parties approached this forum seeking relief and to be exempted from paying  Rs.43,556/- and Rs.25,000/- towards damages  from Opposite Parties.

 

2. In support of her case, the complainant filed the documents, which are marked as Exhibits A-1 to A-5

    i)    Ex.A-1 is the original payment receipts (2) in number.

    ii)   Ex.A-2 is the Photographs of S.C.No.81801 meter

    iii)  Ex.A-3 is the Original Electricity bills (2) in numbers and  Payment receipt

                   (1) in number.

    iv) Ex.A-4 is the Office copy of complainant representation dt:18-04-2015.

    v) Ex.A-5 Original electricity Bills (6) pertaining to SC No.02111-80801.

 

3. I.A.No.37/2015 and I.A No.43/2015 was filed by the complainant praying not to disconnect and to receive the monthly bills, which was posted for orders along with main case.

 

4. On receipt of notice, the Opposite Party Nos.1 & 2 appeared through their counsel and filed Counter denying the averments of complainant and stated the complainant was having Service Connection No.02111-81801 in Category–I (Domestic), from 21-10-2012 in Mamillagudem of Khammam town II Section.  The service connection load was sanctioned 5 KW and was inspected by Sri D. Harish, Asst./DPE-I/ Khammam on 25-01-2014 at 17.00 hours in the presence of Sri P. Srinivasa Rao, Medical Shop, Receptionist and conformed that connected load of service was 6.99 KW utilizing for Multi specialty Hospital and Physiotherapy Centre Commercial purpose and was booked under Malpractice cases as consumer is utilizing supply other than sanctioned purpose.  As per the hospital staff confirmation the malpractice period was assessed from 21-10-2012 to 25-01-2014 and assessed amount Rs.43,556/- for malpractice of supply, accordingly Asst. Divisional Engineer, Operation, Khammam Town issued a provisional assessment notice issued by Competent Authority i.e. Asst. Divisional Engineer, Operation, Khammam  Town. The Category of the service was changed from Category I to II in April,2014 and raised an amount of Rs.18,420/- (i.e. Rs. 8400/- towards development charges, Rs. 5,600/- towards Security deposit, Rs.100/- towards supervision charges and Rs.4,320/- towards back billing charges for the period from 25-01-2014 to 31-03-2014) in 09/2014 without adding malpractice assessment of Rs.43,556/-. The consumer/complainant arranged payment of Rs.2,826/- vide P.R.No.753185597155, dt:17-10-2014 and another payment vide P.R.No.659216568180, dt:26-10-2014 for Rs.15,600/-In the provisional assessment notice Asst. Divisional Engineer, Operation, Khammam stated clearly that if agreeable to the provisional assessed amount or any objection on provisional assessment notice consumer has to represent to some Final Assessing Officer, Divisional Engineer /Assessments / APNPDCL /Warangal. The consumer/complainant not appealed to the Appellate Authority i.e. Final Assessing Officer, Divisional Engineer / Assessment / APNPDCL/ Warangal. Therefore, the assessment amount is Rs.43,556/- raised in the bill of March,2015. The Opposite Parties stated that the above facts, it is clear that the utilizing supply is other than sanctioned purpose and malpractice was booked under clause No.9.3 of GTCS approved by APERC.  Therefore the consumer is liable to pay the assessment amount assessed by the competent Authority Rs.43,556/-.  Hence the Hon’ble Forum may be pleased to dismiss on merits in interest of Justice.

  5.  The Opposite Parties had filed I.A. and documents which are marked as  

    Ex.B-1 to B-5.      

i)  Ex.B-1 is the original Provisional Assessment order Dt: 03-02-2014.

     ii)   Ex.B-2 is the Attested copy of Assessment calculation

    iii)  Ex.B-3 is the Attested copy of notice receipt (Form-LT)

    iv)  Ex.B-4 is the Photo copy of professional courier receipt

    v)   Ex.B-5 is the Photo copy of consignment delivery report.                                                                                   

   

6.      Complainant filed written arguments.

7.       Heard oral arguments of both sides.

 

8.      Upon perusing the material papers on record, now the point that arose for consideration is,

                 Whether the complainant is entitled for the claim?

                    

POINT: It is admitted fact that the complainant had obtained Service Connection in the month of October,2012 by paying Rs.6,025/- towards installation charges, on which the SC No.02111-81801 were sanctioned on her name.  In the month of October,2014 the Opposite Parties collected an amount of Rs.15,600/- without prior notice and on 19-03-2015 the Opposite Parties changed the existing meter without any notice and knowledge of the complainant. The complainant received March,2015 bill in the month of April,2015, in which an amount of Rs.43,556/- is shown as previous dues and consumption chares for the month of March,2015 shown as Rs.3,756/-, thus in total Rs.47,312/- without any basis of record. That after receiving the excess bill, on 18-04-2015 the complainant approached the Opposite Party No.1 and requested to delete the excess amount while agreeing to pay monthly consumption charges of Rs.3,756/-. It shows the complainant has paid Rs.15,600/- without any protest or any objections and even after changing of the said meter she has not protested and only after  receiving excess bill on                18-04-2014 she approached the concerned authorities i.e. the Opposite Party No.1 requested to delete the excess amount while agreeing to pay monthly consumption charges of Rs.3,756/-,  and now the complainant cannot take U turn and deny that she  was not aware of the excess bill amount and it’s cause. The opposite parties have an authority under Electricity Act provisions to inspect any of their service connection without any prior notice and can collect if any excesses consumption charges. On perusal of the electricity bills filed by the complainant it is revealed that the said consumption category was changed from category I to II and provisional assessment along with the related documents were sent to the complainant through the courier service i.e. Ex.B-4 but the complainant denied and stated that she has never received the said documents and the Ex.B-3 shown as rejected and on provisional statement copy i.e. Ex.B-2  one Srinivasa Rao name is signed and the opposite parties have failed to establish the relation of the said Srinivasa Rao with the complainant and on perusal of the consignment detail report i.e.Ex.B-6 shows that the consignment was delivered on 24-11-2015 but there is no clarity that by whom it was received and it is all in ambiguity thus it clearly shows that the complainant had lost an opportunity to appear before an appellate authority to plead her case. In the above stated circumstances we are in view that the both parties i.e. the complainant and opposite parties are equally holds responsible for the latches and lacunae therefore the complainant has to pay the excess amount which was imposed by Opposite Party No.1 and as the opposite party has failed to give an opportunity to the complainant for appeal, hence the opposite party has to bear the time and interest on the levied amount. This point is answered accordingly.

 

7)  I.A No.37/2015  filed by the complainant is allowed and opposite parties are directed not to disconnect the service connection and in I.A.No.43 of 2015 filed by the complainant that the opposite parties are directed to collect the charges as  per regular power bills of them.

 

8)  In the result, the complaint is dismissed, directing the complainant to pay the previous dues and consumption charges of Rs.47,312/- in four equal installments to the Opposite Parties Nos.1 & 2  within  365 days from the date of receipt of this Order.

 

(Typed to dictation, corrected and pronounced by us in the open Forum, on this the 23^rd day of April, 2018).

                                                                                       

                               

         Member                             President

                                                          District Consumer Forum,

Khammam.

APPENDIX OF EVIDENCE

WITNESSES EXAMINED:-

 

For Complainant                                                    For Opposite parties  

       None                                                                          None

DOCUMENTS MARKED:-

 

For Complainant                                                    For Opposite parties

   

Ex.A1:-	is the original payment receipts (2) in number.	Ex.B1:-	is the original Provisional Assessment order                Dt: 03-02-2014 .
Ex.A2:-	is the Photographs of S.C.No.81801 meter	Ex.B2:-	is the Attested copy of Assessment calculation.
Ex.A3:-	is the Original Electricity bills (2) in numbers and  Payment receipt (1) number.	Ex.B3:-	is the Attested copy of notice receipt (Form-LT).
Ex.A4:-	is the Office copy of complainant representation dt:18-04-2015.	Ex.B4:-	is the Photo copy of professional courier receipt.
Ex.A5:	Original electricity Bills (6) pertaining to SC No.02111-80801.	Ex.B5:-	is the Photo copy of consignment delivery report.

                      

 

 

               Member                       President

                                                          District Consumer Forum,

Khammam.