Kerala

Trissur

OP/05/19

Kumaran.T.N. - Complainant(s)

Versus

Assistant Engineer - Opp.Party(s)

N.V. Peethambaran

22 Sep 2008

ORDER


CONSUMER DISPUTES REDRESSAL FORUM
Ayyanthole , Thrissur
consumer case(CC) No. OP/05/19

Kumaran.T.N.
...........Appellant(s)

Vs.

Assistant Engineer
KSEB
...........Respondent(s)


BEFORE:
1. Padmini Sudheesh 2. Rajani P.S. 3. Sasidharan M.S

Complainant(s)/Appellant(s):
1. Kumaran.T.N.

OppositeParty/Respondent(s):
1. Assistant Engineer 2. KSEB

OppositeParty/Respondent(s):
1. N.V. Peethambaran

OppositeParty/Respondent(s):




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ORDER

By Smt. Padmini Sudheesh, President The averments in the complaint is as follows: Petitioner is a consumer of respondent vide Consumer No.4018. The connection prevailing to the petitioner is domestic connection. The respondent had issued a bill dated 26/11/04 to the petitioner for Rs.1543/- . This bill amount is excessive and usually bill amount was below Rs.500/-. There are only 7 bulbs of 40 watts and 2 fans in the home of complaint. There is no change made in the home wiring for increasing the electricity charge. When he has informed the matter to the KSEB they visited the premises and checked the meter. At that time it was seen that the meter was functioning at the time of non consumption of electricity also. When the KSEB officials knocked the meter it was stucked. The officials informed that due to the defect in the meter the charge was increased. They also wanted to pay the excess bill amount. They have no right to disconnect the electric connection. There is deficiency in service in issuing the disputed bill. Hence this complaint. The Counter is as follows: 2. The electric connection to the complainant is for domestic purposes and the meter reading is bimonthly. When meter reading was taken on 12/04 it was found that 502 units of electricity consumed by the petitioner and the bill for Rs.1543/- was issued. The payment date of bill without fine was 12/04. The petitioner put an application on 11/1/05 stating the faulty meter and on examination of the meter no defects were found. The bill is issued only for the consumed electricity. Petitioner has not taken steps under conditions of supply for testing the meter. It was informed to the petitioner that if any defects the bill amount shall adjust to future bills. The bill has issued legally. Hence the complainant is liable to remit the amount. Hence dismiss the complaint. 3. The points for consideration are 1)Is there any deficiency in service ? 2)Is the complainant is entitled to remit the bill amount ? 3)Other reliefs and costs ? 4. Evidence consists of Exhibits P1 to P19 and Exhibits R1 and R2. 5. Points : According to the complainant the Exhibit P10 bill is illegal and without any basis. He has produced the bill from 29/5/03 to 24/5/06 and the bills are marked as Exhibits P1 to P19 in which Exhibit P10 is the disputed bill. Except this bill all others carrying the amount below Rs.500/-. According to the complainant due to the defective meter the bill amount had increased as Rs.1543/-. After the disputed bill, no complaint against the charge and the meter. Both the parties have no case that meter has replaced. In the complaint it is stated that when the KSEB officials knocked the meter it was worked well without any complaint. After that no complaint has alleged about the meter and in the future bills there was no dispute. Hence we came to a conclusion that at that particular time the meter was in defect. One more aspect is there to arrive at such a conclusion. The respondent have no case that during that particular period the complainant has misused the electricity. The unit of consumption is also was low except in P10 bill. So the service deficiency is proved and the complainant is not liable to remit the exhibit P10 bill amount. 6. In the result complaint is allowed and the respondents are directed to cancel the Exhibit P10 bill and the complainant is directed to bear the expenses of replacing the meter if necessary. Respondents are further directed not to disconnect the electric supply on the basis of this impugned bill. Dictated to the Confdl. Asst., transcribed by her, corrected by me and pronounced in the open Forum this the 22nd day of September 2008




......................Padmini Sudheesh
......................Rajani P.S.
......................Sasidharan M.S