By. Sri. P. Raveendran, Member:-

Brief of the complaint:- The complainant is the Manager of Jayasree School Kalluvayal after the death of his father Sri. C.K. Raghavan. The complainant is the Consumer vide No.2617 of opposite parties. The complainant is running an aided school. The tariff applicable to aided school is 6A. But the connection given under LT 7A tariff. The above act of the opposite party is not correct and the opposite parties are liable to transfer the tariff from 7A to 6A. The complainant is paying the amount as per the bills issued by 1^st opposite party. While so on 21.06.2011 the opposite party demanded the complainant to pay an amount of Rs.39,272/- by issuing a notice stating that the audit wing of the KSEB conducted an inspection and as per the inspection the bill for the period from 07/2007 to 01/2010 issued to the complainant on 21.06.2011. The complainant has been paying the bill regularly. During these period the opposite party has no allegation that the complainant has to pay the amount. Hence it is prayed that the complainant is not liable to pay an amount of Rs.39,272/- as per the bill issued by opposite party No.1 and to transfer the tariff from LT 7A to LT 6A and to allow Rs.10,000/- as compensation and the cost of this litigation.

2. The opposite parties are appeared and filed their version. In the version they stated that an inspection was conducted in the premises of consumer No.2617 of Pulpally electrical section on 27.04.2007 and found 5 KW of unauthorized additional load in the premises. The contention of the complainant that his applicable tariff is LT 6A is not correct. The applicable tariff is LT 7A. The tariff of the consumer was charged under 7A with effect from January 2008 as per the tariff notifications. The unauthorized load of 5 KW was detected on 27.04.2007. Though the consumer was to be issued with penal bills of the regularization, the office of the 1^st opposite party omitted to issued the same due in course by oversight. The said mistake was not willfull. Subsequently the regional audit team of the opposite parties detected the said error and the office of the 1^st opposite party was advised to issue the short assessment bill. The same was in dispute here. The charge of tariff as per law and rules. There is no deficiency in service or unfair trade practice on the part of the opposite party. Hence it is prayed that to dismiss the complaint with the cost of the opposite parties.

3. The points in considerations are:-

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

2. Relief and Cost.

4. Point No.1:- To prove complainant's case he has filed his proof affidavit and produced the documents which are marked as Exts.A1 to A7. Ext.A1 is the penal bill issued by opposite party to complainant's father. On perusing Ext.A1, opposite party issued the bill to C.K. Raghavan, directing him to pay an amount of Rs.39,272/- as inspection fee. Ext.A2 is the letter sent by the opposite party No.1 to the complainant's father, in which the complainant's father is directed to pay Rs.39,272/- being the fee to be collected penalize from 07/2009 to 01/2010. Ext.A3 bills are the seven monthly wise bills issued by the opposite party to complainant's father for the period from 05.01.2011 to 05.07.2011. Ext.A4 series are the seven remitted receipts as per the Ext.A3 series bills. Ext.A5 is the proceedings of the DEO, Wayanad, in which the acting of the complainant as manager of Jayasree School, Kalluvayal approved by DEO, Wayanad with effect from 28.12.1994. Ext.A6 is the proceedings of the DEO, Wayanad. It shows that Jaysree High school, Kalluvayal is an aided educational institution which upgraded from 8^th standard to 10^th. Ext.A7 is the Abstract of Government of Kerala, in which High school is upgraded to Higher secondary school.

5. To Prove opposite parties case opposite party No.1 is examined as OPW1. No exhibits marked on the side of the opposite parties. On perusing Ext.A5, it is clear that the Manager Sri. C.K. Raghavan was expired on 24.12.1994 and the complainant is acting as Manager of Jayasree Highschool, Kalluvayal and the same is approved by DEO, Wayanad. So the complainant is the Manager of the above institution from 28.12.1994 onwards. On perusing Ext.A3 series it is clear that the tariff allotted to the complainant is LT 7A. At the time of cross examination opposite party No.1 stated that the tariff applicable to aided school is 6A but on perusing Ext.A3 series the tariff alloted to the complainant's institution is is 7A. Opposite party No.1 has to decide which is the correct tariff applicable to the complainant's institution. On perusing Ext.A3 series, no other due bills are to be paid by the complainant. As per the version it is admitted that the 1^st opposite party omitted to issue the bills to the complainant due to oversight. The complaint cannot be punished due to the fault on the side of the opposite party No.1. No arrear is noted in the previous bills. So issuing a bill for Rs.39,272/- without following rules and regulations and acts of the electricity board is a deficiency of service on the part of opposite party No.1. The point No.1 is decided accordingly.

6. Point No.2:- The complainant is entitled to cancel the Ext.A1 bills and Ext.A2 letter issued by opposite party No.1 to the complainant. Opposite party No.1 is directed to consider the correct tariff applicable to the complainant.

In the result the complaint is partly allowed. Ext.A1 bills and Ext.A2 letter are quashed. Opposite party No.1 also directed to fix the apt tariff applicable to the complainant. No Order as to cost and compensation. This Order is to be complied by the opposite party within 30 days from the date of receipt.

Pronounced in Open Forum on this the day of 26^th April 2012.

Date of Filing:18.08.2011.