CONSUMER DISPUTES REDRESSAL FORUM

PALAKKAD, KERALA

Dated this the 15^th day of June, 2012.

Present: Smt. Seena. H, President

: Smt. Preetha. G. Nair, Member

: Smt. Bhanumathi. A.K, Member Date of filing: 19/01/2012

CC / 19 / 2012

Kumaran.A,

Kizhakkeppura,

Pazhaya Panchayath,

Puduppariyaram P.O, Palakkad - Complainant

(BY Party in person)

Vs

1.Asst.Engineer,

Kerala State Electricity Board,

Olavakkode Section, Olavakkode, Palakkad.

(BY ADV.T.Reena)

2.Secretary, - Opposite parties

Kerala State Electricity Board,

Vydhuthi Bhavan, Pattom,

Thiruvananthapuram

(BY ADV.T.Reena)

O R D E R

BY SMT. PREETHA. G. NAIR, MEMBER

The complainant availed electricity connection from the opposite parties under the consumer No.9702. A surprise inspection was conducted by the Section Squad in the premises of complainant on 25/10/2011. At that time the complainant was not present and the 1^st opposite party demanded the appearance of the complainant. The complainant present and the opposite party compelled to sign the papers and given the copy. The complainant stated that he doesn't know any other language than Tamil to read and write. Thereafter the opposite party given the mobile number and said to contact him. On 27/10/2011 the complainant filed objection along with questionnaire. But the opposite parties not given the reply. The opposite party given a provisional bill of Rs.4743/-, stating the due date of payment without surcharge on 12/11/11. On 31/10/11 the opposite party sent the reply stating not able to give the information of letter dated 27/10/11. Also increased the tariff rate as 495/-Rs instead of 135/-Rs and the bill issued to that effect. Further the complainant filed objection on 17/11/11. Then the opposite party sent letter stating that the bill amount of Rs.4743/- was not paid before 11/11/11, so the electric connection disconnected on 19/11/11. Thereafter the complainant present for hearing on 1/12/11 and the opposite party reduced the bill amount as 1489/-Rs and given a letter dated 2/12/11. Thereafter the complainant sent another letter dated 9/12/11 and the opposite party has not given reply. The act of opposite parties caused mental agony to the complainant. The complainant has not able to complete the furniture work due to the deficiency in service of opposite party. Hence the complainant prays an order directing the opposite parties to

1. Restore the electric connection and

2. Pay Rs.73,000/- as compensation for the damages to not complete the construction of furnitures and refund the advance amount and

3. Pay Rs.50,000/- as compensation for mental agony.

Opposite parties filed version stating the following contentions. The complainant is an industrial low tension consumer with consumer No.9702. On 25/10/11 at 4.50 pm surprise inspection was conducted on the premises of complainant by the section squad and an unauthorized additional load to the tune of 4 kw was detected. Site mahazar was prepared and duly got acknowledged by the complainant. The complainant's statement that he was forcibly made to sign the mahazar is not true.

Subsequent to the finding of unauthorized use of additional load a provisional bill was prepared as per section 126 of Electricity Act for Rs.4743/- and send to him along with statement of calculation and notice. No objection was filed by the complainant before the assessing officer within 7 days. The supply was disconnected only on 19/11/2011, one week after the last date of 12/11/2011.

The consumer filed a petition before the Executive Engineer requesting to quash the provisional bill. As per the direction of Executive Engineer a personal hearing was conducted on 1/12/11 and after hearing the portable equipments mentioned in the site mahazar vide item No.4,5,6 and 7 were excluded and a revised bill for Rs.1489/- was issued. The connection to the complainant was disconnected only after one week from disconnection date. The opposite parties acted as per law only. A reply issued on 15/12/11.

Both parties filed their affidavit and documents.. Ext.A1 to A8 marked on the side of complainant. Ext.B1 to B7 marked on the side of opposite parties Ext.B6 marked with objection. Complainant was examined as PW1. Complainant filed questionnaire and answers filed by opposites parties. Matter heard. Both parties filed argument notes.

Issues to be considered are

1). Whether there is any deficiency in service on the part of opposite parties?

2). If so what is the relief and cost?

Issue No:1 & II

Heard both parties and perused relevant documents on record. The Opposite parties admitted that complainant is an industrial low tension consumer with consumer No.9702. On 25/10/11 at 4.50 PM surprise inspection was conducted and an unauthorized additional load of 4 kw was detected. As per Section 126(a) of Electricity Act states that:- The order of provisional assessment shall be served upon the person in occupation or possession or in charge of the place or premises in such manner as may be prescribed. In Ext.A3 not mentioned the provisional bill and also not mentioned the last date of payment before the disconnection. Ext.A4 shows that the complainant filed objection to the 1^st opposite party dated 27/10/11. At the time of cross examination the complainant deposed that he does not know the copy of objection filed. In the complainant itself the complainant stated that he does not know English and Malayalam to write or read. In Ext.A3 the additional amount was Rs.4743/-. Ext.A7 shows that after hearing the opposite party reduced the additional amount as Rs.1489/- and the final bill issued to the complainant. Subsequently the complainant produced the original of Ext.A3 and postal receipt attached to Ext.A4.

In Ext.B5 the proceedings of the Asst.Engineer, mentioned that “A provisional bill for Rs.4743/- was issued to the consumer in this regard on 1/12/11. The supply to consumer No.9702 was disconnected on 19.11.2011 because of non-payment of the above bill”. In short the 1^st opposite party issued the provisional bill after the disconnection of electricity.

So the opposite parties not complied the provisions of Sect.126(2) and (3) of Electricity Act. The complainant produced Ext.A4 dated 27/10/11 and stated that objection to additional amount of Rs.4743/- was filed before the 1^st opposite party. But the 1^st opposite party has not taken hearing before 19/11/11. In Ext.A3 the last date of payment before disconnection was not stated. According to the opposite parties a provisional bill dated 27/10/11 was prepared as per Sec.126 of the Electricity Act for an amount of Rs.4743/- and the same was sent to the complainant with the statement of calculation and notice. In Ext.B2 dated 2/12/11 the calculation statement shows the unauthorized additional load was for an amount of Rs.1080/- and the proportionate CC was Rs.409/-. No provisional bill dated 27/10/11 was produced by the opposite parties.

The opposite parties admitted in Ext.B5 that the supply to consumer No.9702 was disconnected on 19/11/2011 because of non payment of the bill. The opposite parties have not produced documentary evidence to show that provisional bill issued to the complainant before disconnection. Ext.A4 dated 27/10/11 the copy of letter along with copy of postal receipt shows that the complainant sent objections to opposite parties. But the opposite parties not taken steps for hearing. On 19/11/2011 the opposite parties disconnected the electricity. Ext.A5 dated 19/11/11 the copy of notice given to the complainant for disconnection of electricity marked with objection. Ext.A6 dated 19/11/11 the copy of objection filed by the complainant. Thereafter hearing conducted and the portable equipments mentioned in the site mahazar was excluded and a revised bill for Rs.1489/- was issued by the opposite parties. After the disconnection of electricity the complainant caused damages. The complainant has not completed the furniture works due to disconnection of electricity. No documentary evidence produced by the complainant to show the damages. Ext.B2 the copy of calculation statement shown the additional amount of Rs.1489/- (Rupees One thousand four hundred and eighty nine only).

After filing the complaint, application to restore the electric connection filed by complainant. I.A. Allowed and the complainant deposited Rs.750/- towards the bill amount. So the 1^st prayer already allowed. The opposite parties has not complied the provisions of sec.126(2) and (3) of Electricity Act.

In the above discussions, we are of the view that there is deficiency in service on the part of the opposite parties. In the result complaint partly allowed. We direct the opposite parties jointly and severally liable to pay the complainant an amount of Rs.3,000/- (Rupees Three thousand only) as compensation for mental agony and pay Rs.1000/- (Rupees Thousand only) as cost of the proceeding. Also direct the complainant to pay Rs.739/-(1489-750) as the balance amount of the additional bill within 7 days from the date of receipt of order. The order in I.A made absolute.

Order shall be complied within one month from the date of receipt of order failing which the whole amount shall carry 9% interest per annum from the date of order till realization.

Pronounced in the open court on this the 15^th day of June, 2012.

Sd/-

Smt. Seena. H

President

Sd/-

Smt. Preetha.G.Nair

Member

Sd/-

Smt. Bhanumathi.A.K

Member

A P P E N D I X

Exhibits marked on the side of complainant

Ext. A1– Circular of KSEB Dt.31/03/2010 (Photocopy)

Ext. A2- Site Mahazar dated 25/10/11(Carbon copy)

Ext. A3 - Panal bill for additional load dt.27/10/11 for Rs.4743/-.

Ext. A4 - Regd.letter dt.27/10/11 sent to the opposite parties (Photocopy)

Ext.A5- Copy of notice dt.19/11/11 sent to the complainant

Ext.A6- Copy of objection dt.19/11/11 filed by the complainant.

Ext.A7- Copy of letter dt.2/12/2011 & final Bill Rs.1489/-

Ext.A8- Copy of Notice dt.9/12/2011

Exhibits marked on the side of opposite parties

Ext.B1- Site Mahazar dt.25/10/11 (Original)

Ext.B2- True copy of calculation Statement dt.2/12/11

Ext.B3- Hearing Dt.1.12.2011

Ext.B4- Letter dt.2/12/11 sent to the complainant (Carbon copy)

Ext.B5- Proceedings of Asst.Engineer, Olavakkode dt.15/12/11 (Carbon Copy)

Ext.B6- Statement of Sri.Kumaran dt.1/12/11

Ext.B7- True copy of letter dt.15/12/11

Witness examined on the side of complainant

PW1- Kumaran.A

Witness examined on the side of opposite parties

Nil.

Cost allowed

Rs.1000/- (Rupees One thousand only) allowed as cost of the proceedings.