CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD
Dated this the 31st day of December, 2016
PRESENT : SMT. SHINY.P.R, PRESIDENT Date of filing:03/09/2015
: SMT.SUMA K.P, MEMBER
: SRI.V.P.ANANTHA NARAYANAN, MEMBER
CC/126/2015
1. Anandakumar, : Complainants
S/o.Krishnan Ezhuthassan,
Nalandhappuram Veedu,
Peradiyur,Vilayur Post,
Palakkad
(Adv.N.Sreeraj)
2.Sobhana
W/o.Late Anandakumar
Nalandhappuram Veedu,
Peradiyur,Vilayur Post,
Palakkad
3. Priya Lakshmi(Minor)
D/o. Late Anandakumar
Nalandhappuram Veedu,
Peradiyur,Vilayur Post,
Palakkad
(Rep.by Mother & natural
Guardian Sobhana)
Vs
1.Assistant Engineer
Electrical Section,
K.S.E.B. Koppam Post,
Pattambi, Palakkad
: Opposite Parties
2.The Executive Engineer
Electrical Division,
K.S.E.B. Pattambi Post, Palakkad
3.Dy.Chief Engineer
Electrical Circle,
K.S.E.B. Shoranur Post,
Palakkad
O R D E R
By Sri.V.P.Anantha Narayanan, Member
Brief facts of the Case.
In this case the complainant in his name has taken on 19.8.2010 a commercial electricity connection from KSEB as per consumer No.31703. Electricity bill on this connection was being paid by the complainant from month to month without default. The complainant was running a hotel in his name. From the revenue of the hotel the complainant and his family was earning their lively hood.
Opposite parties sent a notice to the complainant stating that the latter was using 2KW excess electricity on his consumer No.31703; hence excess usage of electricity should be stopped; otherwise the excessive usage should be regularized. Consequently opposite parties authorized officials inspected and for excessive usage of electricity a penalty amount of Rs.1432/-was remitted by the complainant in the opposite parties’ office on 17.5.2013. Then the complainant stopped excessive consumption of electricity and was promptly paying the electricity bill every month.
Then opposite party sent a notice on 04.08.2015 to the complainant as per which, in addition to the allowed load, on examination that 1726 watts load was unauthorizedly used was detected and hence unauthorized load should be removed or regularized, in addition on the basis of the bill given on 28.01.2015 a fine of Rs.20080/-should be paid; otherwise consumer No.31703 electricity connection would be disconnected. A notice informing the complainant about all these was sent by opposite parties on 04.08.2015.
Complainant was laid up due to cancer since February 2014. Therefore he could not act upon the demands of the opposite parties’ notice at the appropriate time. The well wishers of the complainant did not default so far in the payment of the electricity bills due to opposite parties.
According to the complainant, without correctly examining the matters and hearing the pleas of the complainant, complainant was unilaterally asked to pay a fine of Rs.20,080/-(Rupees twenty thousand and eighty only) as per the bill dated 28/1/2015. The complainant was paying regularly monthly electricity bills opposite parties as per their bill of 28/01/2015 demanded payment of the fine. The demanded amount as per the bill was quite unlawful and unauthorized .
Since the complainant was laid up due to cancer disease for 2 years on the above consumer No. excess electricity usage related reasons could not be understood by him and changed and regularized by him.
According to the complainant, the act of the opposite parties is contrary to natural justice and amounts to deficiency of service.
The averments of the opposite parties as per their notice dated 04/08/2015 are unlawful and invalid. Hence as per the notice no compensation is due to opposite parties. To prove the matter of the complainant necessary documents are produced.
Therefore the complainant prays to the Hon’ble Forum for an order exempting the complainant from the liability to pay the amount as per the illegal bill sent by the opposite parties. In addition it is also prayed to allow reasonable time to the complainant to act upon the demand notice dated 04.08.2015 sent by the opposite parties and also to order for the payment of compensation of Rs.30000/-to the complainant for mental agony and difficulties suffered by the complainant due to the unauthorized and illegal act of the opposite parties and also to order for the payment of Rs.10000/-as litigation expenses and also to pray for getting any other reliefs as the Forum deems fit.
The complaint was admitted and notice was issued to opposite parties.
In their version opposite parties 1 ,2 &3 contend that except those specifically admitted, all the statements in the complaint are denied by opposite parties; the above number complaint is not legally tenable. In the above number complaint the statements 1 to7 are not correct and hence they were denied by the opposite parties. In the above number complaint dispute is not a consumer dispute, according to opposite parties. As per sections 1 to 7 statements are not correct. As per section 145 of Electricity Act there is a legal barrier also. That Sri.Anand Kumar, the complainant, took in his name a connection(LT7B) as per consumer number 31703 for commercial purpose from Koppam electrical section is correct. But that complainant was running the hotel in his own name and from the revenues from the hotel, he and his family were providing for their livelihood is not correct. On the contrary, the complainant was a Govt. servant working in Health Department. Also the premises having above electricity connection was let out for running a hotel.
On 16.03.2013 the inspection wing of Koppam electrical section inspected the premises of the complainant and found the usage of 2070 watts instead of the said connection authorized load of 440 watts.
Kerala State Electricity Board did not get electricity charge as per tariff VI A because of the usage of more than 1000 watts connected load and incurred loss due to usage of tariff VI B. Accordingly, for excess found unauthorized load of 2 KWs provisional bill was issued on 03.04.2013 for Rs.14441/-(Rupees Fourteen thousand four hundred and forty one only) as per section 126 of Electricity Act. The complainant filed objection to this bill and he was called and on 14.4.2013 hearing was done by 1st opposite party. According to the complainant excess load was added by the tenants, before inspection only the premises was let out and hence fine calculated was not correct and to prove this a copy of rental agreement was also filed by the complainant. According to opposite parties, the bill amount of Rs.14,441/-(Rupees Fourteen thousand four hundred and forty one only) was revised to Rs.1,432/-(Rupees One thousand four hundred and thirty two only) and same should be paid before the last date. Also the unauthorizedly found 1630 watts load should be removed and informed to the office or make the load authorized or else the existing fine would be imposed - a notice to this effect was sent to the complaint by 1st opposite party on 06/04/2013.
The regional audit wing Shoranur of the Kerala State Electricity Board conducted audit. As per the audit report excess load which was not authorized and as part of which from 6/2013 to 5/2014 for unauthorized usage an amount of Rs.20080/-was asked to be paid by the complainant by giving him a short assessment bill. Against this the complainant filed a complaint on 16.2.2015 to opposite parties 2&3. The 3rd opposite party asked the 1st opposite party to examine the complaint and give a report on that basis. On 27.07.2015 1st opposite party inspected the premises of the complainant with consumer number 31703 and found unauthorized load of 1726 watts and prepared a site mahazar and gave a notice to the complainant on 04.08.2015 informing him to remove the excess load or to regularize the unauthorized load within 30 days; otherwise without notice consumer number 31703 electricity connection would be disconnected. Consequently on 03-09-2015 complainant has regularized the unauthorized load on consumer no.,31703.
On 31703 consumer number in the name of the complainant excess load was not authorized as detected during audit. On the basis short assessment bill was given, according to opposite party.
According to opposite party Kerala Electricity Board Terms and Conditions of Supply 2006 Regulation 37/(6), Kerala Electricity Supply code 2014 Regulation 134 (1) , if “the licensee establishes either by review or otherwise that it has under charged the consumer, the licensee could recover the amount so under charged from the consumer by issuing a bill and in such cases at least 30 days notice shall be given to the consumer for making payment of the bill.”
Accordingly opposite parties can demand and complainant should pay the amount detected as per audit. Hence the amount demanded as per the bill was lawful and should be remitted by the complainant – contended by opposite parties.
As the officers of the Kerala State Electricity Board, opposite parties performed their official duty only. In this matter, from the side of opposite parties no deficiency of service has happened. The measures taken by opposite parties are correct lawfully and are necessary for the smooth working of the Board. Hence it is prayed to the Forum to direct the complainant to remit the bill issued by KSEB Ltd, to remit with interest the amount due to Electricity Board, and to dismiss the above complaint with cost.
The complainant filed an interim application not to disconnect electricity connection till the disposal of the complaint. The application was heard and IA order was allowed on 08.09.015. IA 50/16 was filed to implead petitioners and IA 59/16 seeking permission to amend the complaint. As per order in IA 59/16 dated 20/2/16 wife of the deceased complainant Sobhana and his daughter Priya Lakshmi were included as supplemental complainants alongwith the deceased complainant. Both IAs were allowed. Complainant filed chief affidavit. Opposite party filed IA 273/16 seeking permission to cross examine the complainant. Deceased complainant filed counter in IA 273/16 , IA was allowed because no counter in IA was allowed. Exts.A1-A8 were marked from the side of the complainant and Exts.B1-B7 from the part of opposite parties. Opposite parties also filed chief affidavit.
The following issues arise in this case.
- Whether there is any deficiency of service and/ or unfair trade practice from the side of the opposite parties?
- If so what is the relief?
Issues 1&2
In this case the deceased complainant himself admitted in his complaint that in his name commercial connection was taken on 19/08/2010 from KSEB on his consumer no.31703. He also admitted the conduct of a hotel in his name. The opposite parties in their version contend that the complaint does not stand legally because the dispute coming in the aforesaid complaint is not a consumer dispute. For the opposite parties regarding the disputes arising from the steps taken by the deceased complainant as per section 126 of Electricity Act to decide there is a legal barrier according to section 145 of Electricity Act. The opposite parties also admit in their version that the deceased complainant had taken in his name for commercial purpose electricity connection (L.T.7 B) with consumer No.31703 from Electrical Section, Koppam on 13/8/2010. They also contend that the deceased complainant had let out his premises for running a hotel. Also as per Ext.A2 which is a letter dated 27/07/2015 from the Asst.Engineer(1st opposite party) to the Executive Engineer, Electrical Division, Pattambi(2nd opposite party), it was reported that presently the premises of the deceased complainant was used as a hotel. Again as per Ext.A3 which is a letter from Asst.Engineer(1st opposite party) to the deceased complainant that his consumer No.31703 electricity connection was being used for hotel purposes. Also in his letter marked as Ext.B5(Letter from the deceased complainant to the Deputy Chief Engineer, Electrical Circle, Shoranur) the deceased complainant admitted having let out his premises for running tea shop.
Apart from the above the opposite parties had visited the premises of the deceased complainant and prepared a site Mahazar as per Ext.B6 which showed the use of the premises by the deceased complainant as a hotel and meter reading at the time of inspection was 8672. As per Ext.B6, the load on connection number 31703 was found to be 2166 watts as against allowed load of 440 watts.
In the light of the above we observe that the deceased complainant has used and let out his premises for running a hotel and used the Electricity connection given to him for commercial purposes also. On the side of the deceased complainant also there is no plea to the contrary. The opposite parties have also been able to prove that they have done their duty by establishing that the deceased complainant was using his premises and his electricity connection for commercial purpose for running a hotel. KSEB authorities could also establish that deceased complainant had used electricity load much in excess of the connected allowed load. It is also seen that the KSEB authorities had informed the deceased complainant about the use of excess load and to remove or authorize the same. A reasonable time of 30 days is also seen given to the deceased complainant by the opposite parties for this purpose.
Hence we view that the complaint does not stand in this Forum. Also we cannot observe any deficiency in service or unfair trade practice on the part of opposite parties.
Therefore the complaint is dismissed.
This order is pronounced in the open court on this the 31st day of December 2016.
Sd/- Shiny. P.R
President
Sd/-
Suma. K.P Member
Sd/-
V.P.Anantha Narayanan Member
Appendix
Exhibits marked on the side of complainant
Ext.A1- The final bill is for an amount of Rs.20080/- dated 28.1.2015
Ext.A2 – letter dated 27/07/2015 from the Asst.Engineer(1st opposite party) to the Executive
Engineer , Electrical Division, Pattambi(2nd opposite party),
Ext.A3- letter from Asst.Engineer(1st opposite party) to the complainant that his consumer
No.31703 electricity connection was being used for hotel purposes. Dated 4.8.15
Ext.A4 - Evidences admission of the complainant in MES medical college hospital, Perinthalmanna 19/8/2015.
Ext.A5- report dated 20/5/2015 received from RCC Trivandrum.
Ext.A6 series- Master case sheet given by department of radio therapy of medical college,
hospital, Kozhikkode disclose various payments
made by the complainant to electricity board on various dates.
Ext.A7series- disclose various payments made by the complainant to electricity board on
various dates between 10/12/2014 and 17/8/2015,
a total of Rs.10,325/-
Ext.A8- An electricity bill for Rs.1967/- dated 18/5/2015 issued by KSEB Koppam
to the complainant.
Exhibits marked on the side of opposite party
Ext.B1- bill dated 3.04.2013 issued by opposite parties after the inspection on 16.03.2013 Rs.14441/-was demanded to be paid by the complainant.
Ext.B2- issued a notice dated 15.04.2013 mentioning that a final
bill will be sent along with the notice.
Ext.B3- short assessed penalty from 5/13 to 5/14 Rs.3064/-and balance energy charge Rs.16440/-
Ext.B4- RAO’s audit- 6/2014 to 7/2014 short assessment bill issued by the opposite parties to the complainant for Rs.20080/-
Ext.B5- Letter from the complainant to the Deputy Chief Engineer, Electrical Circle, Shoranur.
Ext.B6- The load on connection number 31703 was found to be 2166 watts as against allowed load of 440 watts.
Ext.B7- Asst.Engineer to the complainant informing him about the connecting load and usage of the unauthorized load of 1726 watts and to remove the unauthorized load or to regularize the same within 30 days failing which electricity connection to consumer No.31703 would be disconnected.
Witness examined on the side of complainant
Nil
Witness examined on the side of opposite party
Nil
Cost allowed
Nil
