This complaint coming up before us for final hearing on 21-03-11 in the presence of Sri V.R.Sanjeeva Reddy, advocate for complainant and of Sri N.Kiran Bhanu, advocate for opposite parties, upon perusing the material on record, hearing both sides and having stood over till this day for consideration, this Forum made the following:
O R D E R
PER SMT.T.SUNEETHA, LADY MEMBER:
This complaint is filed under section 12 of the Consumer Protection Act, 1986 by the complainant seeking direction on opposite parties to rectify or modify the provisional assessment amount of Rs.21,107/- as per provisional assessment notice dt.10-04-08 and to calculate the provisional assessment for one month instead of one year and the excess amount already paid by him may be adjusted in future bills.
2. The averments of complaint in brief are as follows:
The complainant is having electricity service connection bearing No.47. On 26-03-08, the 1st opposite party inspected the service connection of complainant and found that the meter disc is not rotating on all consumer loads and come to conclusion that the consumer has committed pilferage of energy. On 10-04-08, the 1st opposite party issued provisional assessment notice for Rs.21,107/- without considering the request letter of complainant dt.28-03-08. As per the letter of 1st opposite party, the complainant is using AC for last one year, but the complainant purchased AC on 11-02-08 and he also submitted invoice to that effect. On 21-04-08, the complainant paid 50% of assessment value i.e., Rs.10,554/- for restoration of supply and also Rs.3000/- towards compounding fee to avoid criminal liability. On 22-01-09, the complainant addressed a letter to 1st opposite party and requested for reconsideration and rectification of provisional assessment notice. But the opposite party issued regular consumption bills mentioning the assessment amount and Rs.550/- as penalty. Finally on 26-06-09, the complainant got issued legal notice to opposite parties to reconsider the complainant’s request. But the opposite parties received the same and kept quite. Thus there is deficiency of service on the part of opposite parties. Hence, the complaint.
3. The 1st opposite party filed its version and the same is adopted by 2nd opposite party by filing memo. The brief facts of version are as follows:
One Munnangi Venkata Reddy is having Service Connection bearing No.47 obtained to his premises under category-I (domestic) which is situated in Vemavaram of Phirangipuram, Guntur. The premises was inspected by Assistant Engineer, DPE Wing, APSPDCL, Guntur on 26-03-08 in the presence of his son Munnangi Sridhar Reddy who utilizing the supply and noticed that the meter disc is not rotating on all consumer loads and on detailed verification it is found that the consumer has tapped the phase of service wire before meter terminals by means of rose coloured single stranded copper wire which the end is connected to out going side of the fuse carrier and thereby committed pilferage of energy. Basing on the inspection, this opposite party issued provisional assessment notice dt.17-12-08 by estimating the loss at Rs.21,108/- + Rs.50/- from 26-03-07 to 26-03-08. The complainant made a representation against provisional assessment notice. But as there is no provision of appeal against the provisional assessment notice, the opposite parties did not consider his representation. If the consumer aggrieved by provisional assessment notice issued he has to prosecute his grievance before the I Addl. District Court, Guntur i.e., the Special Tribunal constituted under the Indian Electricity (AP Amendment) Act 2000 and also Electricity Act, 2003 brought into force from 31st July, 2000 and 10-06-03 but not before this Forum. There is no deficiency of service on the part of opposite parties. Hence, the complaint may be dismissed with costs.
4. Both parties have filed their respective affidavits. Ex.A1 to A13 are marked on behalf of complainant. Ex.B1 is marked on behalf of opposite parties.
5. Now the points for consideration are
- Whether there is any deficiency of service on the part of opposite parties?
- To what relief the complainant is entitled to?
6. POINTS 1 & 2
The complainant is consuming electricity through service connection No.47 under category I i.e., domestic purpose. The father of complainant is the registered consumer. On 26-03-08, the opposite party i.e., Assistant Engineer, DPE Wing, APSPDCL, Guntur inspected the premises of complainant in his presence and noticed that the meter disc is not rotating on all consumer loads. On further verification they found that the phase of the service wire was tapped before meter terminals by means of rose coloured single standard copper wire which of the end is connected to out going side of the fuse carrier.
7. Basing on those findings, the opposite parties have come to conclusion that pilferage of energy has been done by complainant and have issued provisional assessment notice dt.17-12-08 by estimating the loss at Rs.21,108/- + Rs.50/- from 26-03-07 to 26-03-08. The defects those are found out by opposite party i.e., non-rotation of meter disc on all loads and service wire tapped before the meter terminals with another wire and its end connected to out going side of the fuse carrier amounts to pilferage. The complainant in his affidavit appealed that the presence of defects are not known to him and would have happened due to negligence of persons who installed the AC in his premises. It means he is not denying the defects found by opposite party but he is appealing that he is not aware of those defects. Therefore the complainant is responsible for the pilferage of energy. Thus there is no deficiency of service on the part of opposite party.
8. Regarding the assessment of bill, this Forum has no jurisdiction. The complainant can approach the Electricity Tribunal.
9. On perusal of record and documentary evidence produced by both parties, the Forum opines that there is no deficiency of service on the part of opposite parties.
In the result, the complaint is dismissed without costs.
Typed to my dictation by the Junior Steno, corrected by us and pronounced in the open Forum, this the 26th day of March, 2011.
MEMBER MEMBER PRESIDENT
APPENDIX OF EVIDENCE
No oral evidence is adduced on either side
DOCUMENTS MARKED
For Complainants:
Ex.Nos. | DATE | DESCRIPTION OF DOCUMENTS |
A1 | 10-04-08 | Copy of provisional assessment notice issued by 1st opposite party |
A2 | 11-02-08 | Copy of invoice from Asha Commercial Corporation, Guntur |
A3 | 21-04-08 | Copy of receipt issued by 1st opposite party for Rs.10,654/- |
A4 | 21-04-08 | Copy of receipt issued by 1st opposite party for Rs.3000/- |
A5 | 22-01-09 | Copy of letter issued by complainant to 1st opposite party |
A6 | - | Copy of electricity bill got issued by 1st opposite party |
A7 | 26-06-09 | Office copy of legal notice along two postal receipts |
A8 | 30-06-09 | Copy of postal acknowledgements (2 in number) |
A9 | 22-01-09 | Copy of letter of complainant to 1st opposite party |
A10 | - | Electricity consumption demand statement issued by Assistant Accounts Officer, ERO, Rural, APSPDCL, Guntur |
A11 | 21-11-10 | Copy of electricity consumption bill issued by opposite party for the months of 21-09-10 to 21-11-10 |
A12 | 21-09-10 | Copy of electricity consumption bill issued by opposite party for the months of 21-07-10 to 21-09-10 |
A13 | 14-07-10 | Copy of electricity consumption bill issued by opposite party for the months of 14-05-10 to 14-07-10 |
For Opposite parties :
B1 | 29-03-08 | Inspection report of opposite party |
PRESIDENT
