DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD Dated this the 31st day of October 2009.
Present : Smt. H. Seena, President
: Smt. Preetha.G. Nair (Member) : Smt. Bhanumathi.A.K. (Member) C.C.No.31/2009
Mathew .K.T S/o. Thomas Kanhirathinchalil House Thodukad Kairady (P.O) Palakkad. (Adv. Joy Kanhirathinchalil ) - Complainant
V/s 1. Assistant Executive Engineer Electrical Section K S E B Nenmara Palakkad (Adv.L. Namassivayan) 2 Secretary K S E B Vydhyudhi Bhavanam Thiruvananthapuram - Opposite parties (Adv L. Namassivayan ) O R D E R By Smt. Seena.H, President Case of the complainant in brief
Complainant is having agricultural electricity connection with opposite parties vide Consumer No.6851-B 526/19. He used the connection for agricultural purpose only. According to the complainant, on 31.01.2009, he was asked to come to the office of the Ist opposite party and a provisional bill was issued alleging unauthorized extension for an amount of Rs.11,190/-. A copy of site mahassar was also handed over to the compainant on the same day. On 02/02/09 itself complainant filed an objection before the opposite party stating he has in no way misused the connection. What really happened was while the complainant was pumping water to his agricultural land on 23/01/2008 copper winding of the motor caught fire and it stopped functioning . Later it was repaired and was placed at - 2 - the backyard of the house on 29/01/2009 so as to fit it in the motor shed. Mean while when the complainant was out of station, somebody who came from the office of the 1st opposite party saw the motor being placed out of the shed and the complainant was charged with the offence of unauthorized extension. According to the complainant, he has never misused the connection. Complainant prays for an order to set aside the dispute bill, directing opposite parties to reinstate the disconnected connection and pay Rs.5,000/- as compensation for the deficiency in service.
All opposite parties entered appearance and filed version. As per their contention, complainant has to file appeal under section 127 of the Electricity Act rather than initiating proceedings under Consumer Protection Act. Ist opposite party has conducted sudden inspection at the complainant's premises and found the complainant unauthorisedly using the said agricultural connection for pumping water for the construction of his new house situated 100 metres away from the above connection. Hence complainant has committed an offence Under Section 126 of the Electricity Act 2003. Site mahasar was prepared from the spot and complainant signed the same. A copy of the mahasar was handed over to complainant. A provisional bill was issued as per Section 126 of the Electricity Act 2003. After conducting a hearing a revised final bill was issued. Hence there is no deficiency in service on the part of opposite parties. Issues for consideration 1. Whether the bill dated 04.02.2009 is liable to set aside? 2. Whether there is any deficiency in service on the part of opposite parties? 3. If so, what is the relief and cost? Issue No. I The specific case of the complainant is that the bill dated 31/01/2009 alleging unauthorized use of electricity issued by the opposite parties is without any basis. Subsequent reduction in the bill amount is also without any basis. According to the complainant, the officials of the opposite party used to conduct routine inspections and bills are issued as per metre reading. No discrepancies seen in the previous metre readings. So far no unauthorized use of electricity was noticed. Further the site mahasar as stated by the 1st opposite party is not prepared from the premises of the complainant's - 3 - house. According to opposite parties complaint itself is not maintainable before the forum. Unauthorised use of electricity was noted on a sudden inspection where in it was found that agricultural electricity connection was used to pump water for the construction purpose of the newly constructing house of complainant which was 100 metres away from the motor. A site mahasar was prepared from the spot and copy was also handed over to the complainant. Later as per Section 126 of Electricity Act 2003, a provisional bill was issued. Subsequently on the basis of an enquiry conducted by the opposite parties wherein complainant was also a party, a revised bill reducing the electricity charges was also issued. There is no deficiency in service on the part of opposite parties as they have acted as per rules. Heard both parties in detail and perused relevant documents and records. The disputed bill is the one dated 31/01/2009 for an amount of Rs.11,190/- which was subsequently reduced to 5,595/-, subsequent to a hearing conducted by Ist opposite party. It is seen from records that the Ist opposite party has issued bill after taking meter reading prior to the issuance of the disputed bill on 23/10/2008 and 24/12/2008. Metre reading noted in the said bills has not got much variance with that of the previous months. If there is any unauthorized use of electricity, that will be seen in the metre reading. Electricity Act 2003 has clearly laid down the provisions as to the method of assessment of electricity charges payable in case of unauthorized use of electricity. As per the said provisions, if on inspection of any place or premises or after inspection of equipments, gadgets machine, devices found connected or used after inspection of records mentioned by any person, the assessing officer come to the conclusion that such person is indulging in unauthorized use of electricity, he shall provisionally assess to the best of judgment, the electricity charges payable by such person. Clause (e) of the said section further states that on detection of the unauthorized use, it shall be presumed that such unauthorized use of electricity was continuing for a period of 3 months immediately preceding the date of inspection in case of domestic and agricultural service and for a period of 6 months immediately preceding the date of inspection for all other categories of service.
As per the provisions itself even if there is unauthorized use, electricity charges for - 4 - unauthorized use can be levied only for the preceding 3 months. Here Exhibit Ai bill is issued for a period of 6 months. No reasonable explanation is provided for reducing the bill amount to half. Further the site mahasar marked as Exhibit B1 is not signed by any independent witness. Moreover as per the contentions of opposite party complainant was using the electricity for pumping water to his newly constructed house which is 100 meter away. Objecting the said contentions complainant has stated that his newly constructed house is about 300 metres away from the motor. Opposite party has not taken any steps to establish their contentions.
In view of the above facts and circumstances of the case , we are of the view that the act of opposite party amounts to clear deficiency in service on their part.
In the result complaint allowed. We order the following. 1. Exhibit A4 bill shall stand cancelled 2. Opposite party shall reinstate the electricity connection of the complainant within 1 month from the date of receipt of order 3. Opposite party shall pay an amount of Rs.3,000/- as compensation for the deficiency in service on the part of the opposite party and Rs.1,000/- as cost of proceedings.
Order shall be complied within one month from the date of receipt of the order failing which the ordered amount shall carry an interest at the rate of 9% per annum from the date of order till disposal.
Pronounced in the open court on this the 31st day of October, 2009
PRESIDENT (SD)
MEMBER (SD)
MEMBER (SD)
- 5 - APPENDIX
Witness examined on the side of Complainant Nil Witness examined on the side of Opposite party Nil Exhibits marked on the side of the complainant Ext . A1 – Provisional Bill dated 31/01/2009 for Rs.11,190/- Ext. A2 - Copy of letter dated 02/02/2009 Ext A3 - Copy of site mahassar
4. Ext. A4 – Final bill of KSEB dated 04/02/2009 5. Ext. A5 – Copy of Bill dated 29/01/09 of Sakthi electricals for Rs.1200/- 6. Ext. A6 - Copy of receipt from V.M. Paulose dated 21/01/09 7. Ext .A7 series - Electricity bill dated 23/10/2008 for Rs.63/- of KSEB and receipt dated 10/11/2008
8. Ext. A8 series – Electricity bill dated 24/12/2008 for Rs.44/- of KSEB and receipt dated 31/12/2008
9. Ext. A9 series - Electricity bill dated 24/02/2009 for Rs.56/- of KSEB and receipt dated 16/03/2009
Exhibits marked on the side of the Opposite Party Ext. B1 - Copy of Site mahasar prepared by Asst. Engineer, Electrical Section, Nemmara
2. Ext. B2 - Copy of proceedings of hearing conducted by Opposite party 3. Ext. B3 - Copy of final bill dated 04/02/2009 4. Ext. B4 - Copy of service connection applications, completion report with agreement
Forums Exhibits Nil Cost (allowed) Rs.1,000/- (Rupees Ten thousand only) allowed as cost of proceedings Forwarded/By Order
Senior Superintendent
Date of fair copy:21/11/2009 Date of despatch:
......................Smt.Bhanumathi.A.K
......................Smt.Preetha.G.Nair
......................Smt.Seena.H | | 
