D.O.F:20/01/2021     

                                                                                       D.O.O:30/09/2024

IN THE CONSUMER DISPUTES  REDRESSAL COMMISSION KASARAGOD

                                        CC.17/2021

Dated this, the 30^th   day of September 2024

PRESENT:

SRI.KRISHNAN.K                                         : PRESIDENT

SMT. BEENA. K.G                                      : MEMBER

Jessy aged 52 years,

w/o Late Anil Kumar,

R/at Kannotheertha

Kunjathoor, Post Manjeswaram – Pin 671323   : Complainant

(Adv: Mohanan Nambiar .M)

                                                            And

Assistant Engineer,

Electrical Section

Manjeswar,

Manjeswar Taluk,

Kasaragod District – 671323                                 : Opposite Party

(Adv: K.K Mohammed Shafi)

ORDER

SRI. KRISHNAN.K : PRESIDENT

          The case of the complainant is that complainant originally availed Electricity connection for construction work of his house.  Later it is converted in to as domestic on 28/01/2020.  But still electricity bill continued to be sent on exorbitant rates.

          The complainant remitted bill for Rs.18613/- on 25/01/2020.  And a bill for Rs. 9141/- another bill for Rs. 14695/-, 4^th bill for Rs. 7452/- next bill for Rs. 8054/-.  Complainant addressed the grievance to the authorities but no action is taken from their side.  There is deficiency in service from Opposite party for which complainant claims, replacing defective meter with new meter.  Not to disconnected supply till further orders.  And to issue fresh bill for the consumer number.

          The opposite Party filed written version denying the allegations opposite party admitted having non-domestic connections and it is changed into domestic on and since 17/01/2020.  Average consumption is 557 unit per month from 24/11/2020 to 25/01/2021 two months unit 807.  For arrears upto 26/02/2020, three instalments allowed complainant paid       Rs. 9000/- on 26/02/2020 that time no complaint of meter reading.

          On 08/02/2021 old meter is removed new meter instaled.  So there is no deficiency in service and prayed to dismiss the complaint.

          The complainant filed chief affidavit and cross examined as Pw1 Ext A1 to A6 documents marked from their side.  Ext A1 is bill in series, Ext A2 is disconnection notice, Ext A3 is instalment plan issued by Opposite party, Ext A4 to A6 copy of complaint filed by Opposite party.  Opposite party filed Ext B1 to B4 documents.  Ext B1 is report of testing meter with site Mahazar, Ext B2 test reports complainant, Ext B3 copy of reading history and Ext B4 is copy of payment history.

          Points arised for consideration in this case were:

1. Whether there is any defect or imperfection in the meter reading of the complainant?
2. Whether there is any deficiency in service of the opposite party in the matter by excess billing on defective meter?
3. Whether complainant is entitled for any compensation? If so for what reliefs?

All points are taken up together for convenience

     In this case the main grievance is meter is defective.  No direct answer to the complaint in the written version.  But suggestion is made to Pw1 while in the box there is no complaint to the meter of course denied by complainant.

          As per Ext A1 series bills shows as on 25/01/2020 an amount is Rs.18613/- second bill is for Rs. 9141/- 3^rd bill for Rs. 14,695/-  4^th bill for Rs. 7452/- 5^th bill for Rs. 8054/-.  For Rs. 18613/- billing period for one month namely January 2020.  As per complaint connection changed to non-domestic on 25/01/2020 as per Opposite party version it is on 17/01/2020.

     Any way complainant availed instalment facility and paid first instalment.  Hence he has admitted, further it covers non-domestic period to full 1830 units.

          As per Ext A1 series bill shows consumption of 764 units, 1636 units, 997 units, 996 units and 925 units respectively.  Bill accompanying Ext A3 shows consumption of 411 units billing period of bye month during March 2021.  So units of consumption shows just during the disputed period.

          The meter is taken for testing only on 08/02/2021 complaint is filed on 20/01/2021.  Ext B2 shows that not observed any physical tamper on the meter body.  But there is huge difference of consumption after the change of meter.

          Considering the huge difference in meter reading during the disputed period and later change of meter, the department is bound to collect the average of both the units and adjust the bill amount,  accordingly , considering use of electricity for a period of six months average.

          In the result complaint is allowed with a direction to opposite party as follows:-  disputed electricity bill claiming amounts in excess of actual consumption are set aside.  The Opposite party is directed to issue fresh bill demanding the correct amount due on average basis, after adjusting amount already paid.  The complainant is not entitled to any compensation in this case.  The complainant is entitled for litigation cost of Rs. 5000/- payable by the Opposite party.  The Opposite party is directed to comply the order within 30 days of the receipt of the order.

      Sd/-                                                                                               Sd/-

MEMBER                                                                                   PRESIDENT

Exhibits

A1 series- bills

A2- Disconnection notice

A3- Instalment plan

A4 to A6 Copy of complaint filed by OP

B1- Request for testing meter

B2- test report

B3- copy of reading history

B4- Copy of payment history

Witness Examined

Pw1- Jessy

    Sd/-                                                                                        Sd/-

MEMBER                                                                         PRESIDENT

Forwarded by Order

Ps/                                                                 Assistant Registrar