By Sri. Mohandasn.K, President

1.The complaint in short is as follows:

           The complainant is a consumer under the opposite party and he was served with an electricity bill for Rs. 10,738/- dated 03/06/2020.  The complainant submitted that he was usually served with an electricity bill for an amount in between Rs.300/- to Rs. 750/. So, the submission of the complainant is that the has not used so much energy during the bill period.  The complainant accordingly approached the opposite party and the concerned person of opposite party visited the residence of the complainant and said that there is short circuit and so the complainant is liable to remit the entire amount. The bill period was Covid pandemic season and so the complainant was not able to pay the amount and the family was in crisis. 

2.       The complainant submits that the electrification of his house was done by qualified wire man and the same had verified by the opposite party.    The complainant obtained the connection only recently and the complainant submits that he and his wife alone residing therein. Hence the prayer of the complainant is to set aside the impound bill. 

3.            On admission of the complaint   notice was issued to the opposite party and the opposite party entered appearance and filed version. 

4.       The opposite party   admitted that   the complainant is the domestic consumer with consumer No.  1165435027291 under Electrical Section Office, Nilambur.  It is also admitted that a Bi- Monthly bill for an amount of Rs. 10,738/- was issued to the complainant on 26/06/2020 having the consumption of 1105 units.  It is submitted that the meter reading as on 26/06/2020 was 2177 units and on 29/04/2020, it was 1072 units.  Hence the correct consumption was 1105 units. The opposite party also admitted that the complainant had lodged complaint before the opposite party stating that his normal consumption is very low and claiming that his average consumption as 164 units.  On receipt of the complaint, the Sub Engineer Mr. Rajesh, Electrical section, Nilambur has inspected the premises of the complainant and he reported that the main switch operating rod was found melted and arched.  As per the report it is noticed that the Main Switch operating of the connection is in burned condition and earth leakage occurred due to this fault and the same caused for the high consumption of energy due to earth leakage.    Hence the Sub Engineer convinced the complainant by showing how the meter reading increases abnormally when Main Switch is in ON condition when no load is connected and there is no increase in reading when Main Switch is OFF.  The consumer had agreed to clear the fault immediately.  The opposite party also submitted that after receiving the notice from the District Consumer Disputes Redressal Commission, the premises was inspected again and found that the consumer is still using the same Main Switch by passing the faulty operating rod that result in normal consumption. Hence the submission of the opposite party is that they are not responsible for any fault at the consumer premises after the meter point and also not responsible for the excess consumption due to failure of Main Switch.  The consumer/complainant is liable to pay the bill amount because the opposite party has suffered by the energy loss due to the complaint of Main switch and the opposite party acted as per law.  Hence the complaint is liable to be dismissed with cost of the opposite party.

5.     The complainant and opposite party filed affidavit and documents.  The complainant documents marked as Ext. A1 and the documents of the opposite party marked as Ext. B1 to B5. Ext.A1 is copy of electricity bill. Ext.B1 is copy of electricity bill dated 29/04/2020.Ext. B2 is the Inspection report submitted by Sub Engineer. Ext. B3 is photographs of Main switch of consumer. Ext. B4 is meter test report. Ext. B5 photographs of Main switch of consumer. 

6.      Heard complainant and opposite party, perused affidavit and documents. The following points for consideration: -

1. Whether the complaint is liable to pay the impound bill?
2. Reliefs and cost?

7.Point No.1 and 2

       There is no dispute that Ext. A1 electricity bill was issued on the basis of consumption of electricity recorded by the electric meter of the complainant. The complainant submits that he has not used so much energy during the period.  The opposite party duly verified the grievance of the complainant and it was found that the Main switch operating rod was melted and arched. It is submitted as per the findings of the Sub Engineer, the Main switch operating rod for the connection of the complainant is in burned condition and earth leak occurred due to this fault and the same caused for the high consumption of energy.  The contention of the opposite party is that the complainant is responsible to pay the bill amount because the opposite party suffered the energy loss due to the complaint of Main switch of the complainant.  The opposite party also submitted complainant was irregular in payment of electricity bill.  But the opposite party has not produced any document to show that the complainant was irregular in making payment of the electricity bill.    The opposite party also not produce any document to show that the rod which is noted as burned was due to any mistake or fault found on the part of the complainant.  So, it cannot be treated as the complainant consumed so much energy as stated in the Ext. A1. The case of the complainant is that the electricity connection was provided by the opposite party after due check-up.  So, it cannot be treated that the complainant alone is liable for the huge consumption of energy. The opposite party contented that, the complainant has not changed or rectified the defect of the Main switch even after the detection of defect and against the direction of opposite party.  We cannot agree with the attitude of the complainant. The complainant he is bound to comply the directions of opposite party while consuming the energy.  Meanwhile it can be seen that the complainant approached this Commission and had obtained an interim order against the respondent in IA 201/2020, not to disconnect the electricity connection till settling the dispute pending before the Consumer Commission. But the opposite party hastily disconnected the connection of the complainant and he was constrained to avail special energy source i.e., generator for at least one week. The submission of the complaint is that he constrained to spent nearly Rs.1000/- per day for one week.  We find the approach of the opposite party as violation of the order of this Commission which warrants action under Section 72 of Consumer Protection Act 2019.  So, instead of proceeding under Section 72 of Consumer Protection Act, the Commission finds that it will be proper to allow the complaint as prayed to cancel the Ext.A1 electricity bill.  But the complainant is liable to pay the electricity   bill on the    average  basis for the   consumption of last three  consecutive Bi-Monthly electricity bills prior to Ext. A1.  The complainant is also liable to replace the defective Main switch with defect free main switch in consultation with opposite party.

8.  In the light of the above facts and circumstances, the Commission allows the complaint as follows: -

1. Ext.A1 electricity bill issued to the complainant is hereby by set aside.  The opposite party is allowed to issue fresh electricity bill for the period of impugned bill, considering the average consumption of energy prior to 6 months of Ext. A1 bill.
2. The complainant is hereby directed to replace defective meter within two weeks from the date of receipt of this order, if not done already.

             The parties shall comply this order within one month from the date of receipt of this order.

          Dated this day of 7^th day of November, 2022.

MOHANDASANK., PRESIDENT

PREETHI SIVARAMANC., MEMBER

MOHAMED ISMAYIL C.V., MEMBER

APPENDIX

Witness examined on the side of the complainant                       : Nil

Documents marked on the side of the complainant                     : Ext.A1

Ext.A1 : Copy of electricity bill.

Witness examined on the side of the opposite party                   : Nil

Documents marked on the side of the opposite party                 : Ext. B1 to B5

Ext.B1 : Copy of electricity bill dated 29/04/2020. 

Ext.B2 : Inspection report submitted by Sub Engineer.

Ext.B3 : Photographs of Main switch of consumer.

Ext.B4 : Meter test report.

Ext.B5 : Photographs of Main switch of consumer. 

MOHANDASANK., PRESIDENT

PREETHI SIVARAMANC., MEMBER

MOHAMED ISMAYIL C.V., MEMBER