Smt. C.S. Sulekha Beevi, President,<br /> <br /> <br /> 1. Bereft of unnecessary details the case of the complainant is that he availed electricity connection from opposite party to five shop rooms owned by him for his livelihood. The consumer number is C-4077. Along with partners complainant started a white cement business in these rooms. Current charges were paid regularly upto 30-5-2001. The electric meter was defective. Complainant was not using the connection after 30-5-2001, and submitted an application to revise the charges. But opposite party issued spot bills without any basis and the request given by complainant to reassess was<br /> <br /> <br /> not heeded to. The bills issued by opposite party are not having any nexus with actual consumption. Opposite party issued a chit and demanded to pay Rs.17m,358/- towards arrears. On enquiry he was informed that he is liable to pay current charges from 5/99 to 16/9/02. That he is not liable to pay Rs.17,358/- and prays for cancellation of this demand alleging deficiency in service.<br /> <br /> 2. Version was filed by opposite party admitting that complainant is a consumer. That complainant was given a Provisional Invoice Card (PIC) for 40 units per month under LT VII A tariff. That complainant has remitted current charges as per Provisional Invoice Card upto 4/99 only. From 5/99 onwards he has not remitted current charges and it stands in arrears. The premises has 8 rooms and not 5 rooms as contended by complainant. The total connected load of all eight rooms together was above 1 KW and therefore a fixed charge of 2 KW was levied for the connection. From 1/2001 onwards Kerala State Electricity Board introduced spot billing system instead of the Provisional Invoice Card system. Readings were taken bi-monthly and bills were issued according tot he consumption. Opposite party has submitted the details of meter reading, consumption, rate, units, fixed charge, duty applicable from 1/2001. That the meter was found sticky from 12/2000 to 9/01. The meter during this period did not record consumption although the consumer was using energy in the premises. The consumption for the period between 12/2000 to 1/01 was assessed as 40 units per month as per the Provisional Invoice Card. For the period between 2/01 to 7/01 the average was taken as 20 units per moth and spot bill was issued. Spot bills from 9/01 onwards were issued as per meter readings. Bills were issued according to rules and regulations. The amount already paid by complainant for 3/2001(Rs.100/-) and 11/2002 (Rs.1379/-) has been adjusted. When complainant<br /> <br /> <br /> approached the office to know the arrears the amount was noted on a paper and handed over to complainant. Complainant has neither made any complaint regarding the correctness of the amount nor has he requested to revise the bill. Complainant applied for instalment facility which was allowed. He paid the first instalment on 20-12-2002. He is liable to pay the balance of Rs.11,748/-. There is no deficiency in service and complaint is liable to be dismissed.<br /> <br /> 3. Evidence consists of the affidavits filed by both sides. Exts.A1 to A4 marked on the side of complainant. No documents marked for opposite party. Either side has not adduced any oral evidence.<br /> <br /> 4. Complainant challenges the demand of Rs.17,358/- alleged to be payable by him towards electricity charges. Opposite party resists the complaint on the ground that complainant has defaulted in paying charges from 5/99 onwards. As per the evidence tendered by complainant through affidavit he contends that he has paid current charges regularly upto 30-5-001. Ext.A1(a) and Ext.A1(b) are two receipts for the payment of nominal amounts prior to 5/99. Ext.A1(d) is the receipt issued for payment of Rs.100/- on 30-5-2001. In Ext.A1(d) it is noted that the amount is remittance towards the spot bill dated, 17-3-01. Complainant has tendered no evidence to show that he has paid charges as per Provisional Invoice Card and the spot bills upto 30-5-2001 without fail. Complainant has made a futile attempt to cling on to Ext.A1(d) and to establish that he paid charges upto 30-5-2001. But Ext.A1(d) is the payment towards spot bill for 3/2001. In para 5 of the version opposite party has admitted this payment. It is also submitted in para 5 that complainant has remitted Rs.1,379/- on 11/02. Opposite party has furnished a detailed calculation in the version and it is seen that these amount demanded is derived after adjusting the above amounts paid by complainant. Complainant has not put forward an iota of evidence to prove any incorrectness in the calculation furnished by opposite party. Electricity<br /> <br /> being a public distribution system no person can be permitted to consume energy free. We find that complainant has failed to establish a case in his favour. We hold opposite party not deficient in service and that the demand of Rs.17,358/- is legal and proper. However in the interest of justice we consider that complainant should be allowed instalment facility to remit the amount.<br /> <br /> 5. In the result we dismiss the complaint with a direction to opposite party to give complainant free instalment facility to pay the balance of Rs.11,748./- in three monthly instalments within one month from the date of receipt of copy of this order.<br /> <br /> <br /> Dated this 23rd day of July, 2008.<br /> <br /> <br /> <br /> <br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> <br /> <br /> <br /> <br /> E. AYISHAKUTTY, MEMBER<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 A4<br /> Ext.A1(series) : Receipts from opposite party to complainant.<br /> Ext.A2 : Provisional Invoice Card issued by opposite party to complainant.<br /> Ext.A3 : Adjustment Invoice for Rs.2,177/- dated, 20-5-2000 from<br /> opposite party to complainant.<br /> Ext.A4 : Photo copy of the request by complainant to opposite party.<br /> Witness examined on the side of the opposite parties : Nil<br /> Documents marked on the side of the opposite parties : Nil<br /> <br /> <br /> <br /> <br /> <br /> <br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> E. AYISHAKUTTY, MEMBER<br />