By Smt. C.S. Sulekha Beevi, President,<br /> <br /> <br /> 1. Brief say of the complainant is as follows:-<br /> <br /> Complainant is the consumer under opposite party for supply of electricity to his flour mill with consumer No.9429 – LT IV. The sanction is to use 10 HP motor. In July, 2007 due to heavy rain and lightening the power meter was burnt. Even though complainant informed this to opposite party no steps were taken to replace the meter. Opposite party conducted an inspection in August, 2007, and <br /> <br /> prepared a site mahazar. Opposite party alleged that complainant was using 15HP motor unauthorisedly. Opposite party issued notice assessment on 08-10-07 and also additional bill for Rs.6114/- and another bill for Rs.2079/- for the period 9/07. Complainant disputes these bills and prays for cancellation of the same. He also prays for a direction to opposite party to issue future bills in the earlier slab.<br /> <br /> 2. Opposite party filed version admitting that complainant is provided with 3 phase connection with a sanction to use 10 HP motor. The other contentions in the complaint are denied and resisted. It is stated that on 09-8-07 Sub Engineer Sri. Ganadeep and party conducted inspection of the premises. At the time of inspection apart from 10 HP motor opposite party found a machine, with name plate removed. This machine appeared to be of 15 HP. Thus complainant was found using unauthorised additional load. The B coil of the 3 phase meter was burnt due to this additional load. The meter was not recording consumption in one phase. The bills were issued taking into consideration this aspect and imposing penalty for unauthorised additional load as per rules. Complainant is liable to pay the bills.<br /> <br /> 3. Evidence consists of Exts.A1 to A11 marked on the side of complainant. Exts.B1 and B2 marked on behalf of opposite party. Either side has not filed any affidavit, or adduced any oral evidence.<br /> <br /> 4. Complainant challenges two electricity bills issued by opposite party. Ext.A3 is the bill for Rs.6114/- dated, 08-10-07. Ext.A4 is the bill for Rs.2079/- dated nil which is payable by 26-10-2007. The above bills were issued alleging that complainant is using 15 HP motor in the mill. Admittedly the<br /> <br /> sanction is to use 10 HP motor. It is averred by complainant that he used only 10 HP motor for operation of mill and that a 15 HP motor was used as a starter due to the low voltage problem in rural areas. Ext.A1 is the copy of site mahazar served to complainant which was prepared by opposite party at the time of inspection conducted on 09-8-2007. It is stated in Ext.A1 as follows:<br /> <br /> <br /> <br /> <br /> <br /> <br /> As per Ext.A1 opposite party could not assess the power of the alleged motor since the name plate was removed. It is noted that a 15 HP starter is being used by complainant. Thus as per Ext.A1 opposite party has entered a finding that the motor is of 15 HP from its' appearance only. Counsel for complainant refuted the allegations and contended that the name plate was not removed but had fallen off due to wear and tear by pass of time. Opposite party does not have a specific case that complainant has removed the name plate. Apart from Ext.A1, opposite party relies on Ext.B1 tong test report which states that the motor was found to be of 15 HP on conduct of tong test. Counsel for complainant vehemently opposed the admission of this document in evidence contending that it is a fabricated one. It is submitted that complainant has no knowledge of the conduct of any such test and no notice or copy is served upon the complainant. On perusal of Ext.B1 we find that it bears no date of test or date of report. Counsel for opposite party submitted that tong test was conducted on the date of inspection itself. We are unable to agree with this submission for the reason that Ext.A1 mahazar is totally silent about any such test.. Ext.B1 does not bear signature of complainant or witnesses. In Ext.A1 it is <br /> <br /> <br /> clearly stated that opposite party has arrived at the finding that the alleged motor is of 15 HP taking into consideration its' appearance only. For these reasons we hold that Ext.B1 is totally unreliable and that opposite party has failed to prove that complainant was using unauthorised additional load. Opposite party has further alleged that due to use of unauthorised additional load the B coil of the meter was burnt. Opposite party has charged Rs.2167/- as expenses for replacement of meter for this reason. As per Regulation of 43(b) of Kerala State Electricity Board Terms and Conditions of Supply, 2005, opposite party can realise the expenses for replacement of meter only if the damage is caused due to action of consumer. Otherwise as per Regulation 42(3) the faulty meter has to be replaced at the expense of Board. Therefore we hold that complainant is not liable to pay the amount of Rs.2167/- being cost of meter.<br /> <br /> 5. Counsel for complainant strongly argued that opposite party has flagrantly violated Regulation 27A of Kerala Supply Code 2005. As per this provision the assessing officer shall serve a provisional assessment to the consumer. Final assessment can be made only after giving the consumer opportunity to file objections and hearing. The opposite party has issued Ext.A2 notice of assessment on 08-10-07 and on the same date has issued final assessment/Ext.A3 bill. The provisions under Regulation 27 A are safeguards provided to protect the consumer. Especially when detecting officer and officer imposing penalty are one and the same it is mandatory to comply with these provisions which is intended to prevent arbitrary actions. Complainant was denied opportunity for filing objections and for hearing before issuing Ext.A3 and A4 bills. From the above discussions we find that Ext.A3 and Ext.A4 bills are illegal. The act of opposite party in not complying with provisions of law and issuing bills without<br /> <br /> <br /> <br /> proper basis amounts to deficiency in service. Complainant is therefore not liable to pay the amount raised in Ext.A3 and Ext.A4.<br /> <br /> 6. In the result, complaint allowed. We order that Ext.A3 bill for Rs.6114/- payable by 23-10-07 and Ext.A4 bill for Rs.2079/- payable by 26-10-07 is cancelled. Opposite party shall issue revised bill for the period 9/07 without imposing penalty. Any amount already remitted by complainant towards Ext.A3 and A4 shall be adjusted to revised bill and future bills by opposite party. We also order that opposite party shall issue future bills in the slab prior to 09-8-07. We make no order as to costs.<br /> <br /> Dated this 17th day of March, 2008.<br /> <br /> <br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> <br /> E. AYISHAKUTTY, MEMBER<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> APPENDIX<br /> <br /> <br /> Witness examined on the side of the complainant : Nil <br /> Documents marked on the side of the complainant : Ext.A1 to A11<br /> Ext.A1 : Site Mahazar dated, 09-8-07 prepared by opposite party to complainant.<br /> Ext.A2 : Letter dated, 8-10-2007 sent by opposite party to complainant.<br /> Ext.A3 : Demand Notice cum Disconnection Notice for Rs.6114/-<br /> dated, 8-10-2007 by opposite party to complainant.<br /> Ext.A4 : Demand Notice cum Disconnection Notice for Rs.2079/-<br /> dated, 26-10-2007 by opposite party to complainant.<br /> Ext.A5 : Demand Notice cum Disconnection Notice for Rs.711/-<br /> dated, 27-01-2007 by opposite party to complainant.<br /> Ext.A6 : Demand Notice cum Disconnection Notice for Rs.694/-<br /> dated, Nil by opposite party to complainant.<br /> Ext.A7 : Demand Notice cum Disconnection Notice for Rs.601/-<br /> dated, Nil by opposite party to complainant.<br /> Ext.A8 : Demand Notice cum Disconnection Notice for Rs.714/-<br /> dated, 06-4-07 by opposite party to complainant.<br /> Ext.A9 : Demand Notice cum Disconnection Notice for Rs.565/-<br /> dated, Nil by opposite party to complainant.<br /> Ext.A10 : Demand Notice cum Disconnection Notice for Rs.1010/-<br /> dated, Nil by opposite party to complainant.<br /> Ext.A1 1 : Demand Notice cum Disconnection Notice for Rs.605/-<br /> dated, Nil by opposite party to complainant.<br /> Witness examined on the side of the opposite parties : Nil<br /> Documents marked on the side of the opposite parties : Ext.B1 and B2<br /> Ext.B1 : Tong Test Report prepared by opposite party.<br /> Ext.B2 : Notice to remit penalty bill prepared by opposite party.<br /> <br /> <br /> <br /> <br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> <br /> <br /> <br /> E. AYISHAKUTTY, MEMBER