By Smt. C.S. Sulekha Beevi, President,

1. Complainant is the consumer under opposite party for domestic electricity supply. He states that his consumption is very low and that he used to pay the regular bills. While so, along with the lineman three persons came to his house and inspected the premises. They stated that the seal of the meter is tampered and that consumption is high. They removed the fuse of the supply on the same day. They informed the complainant to approach opposite party office. On 13-11-07 when complainant went to the office of opposite party a bill for Rs.51,572/- was issued and he was also made to sign in a document. As per request by complainant instalment facility was given. He remitted Rs.26,892/- on 13-11-07. The connection was restored on the same day. On 20-11-07 complainant remitted the entire balance. Complainant then approached 2^nd opposite party with the receipts for refund of the amount paid stating that he has not committed any offense. On his instructions a complaint was lodged before Deputy Chief Engineer. There was no further action. The bill was issued without giving any notice and without hearing the complainant. That he has not tampered the meter and is not liable to pay the amount. Hence his complaint alleging deficiency in service and for refund of Rs.51,572/- along with interest @ 24% per annum.

2. Version was filed by opposite party admitting that complainant is a consumer under domestic tariff with connected load of 100 watts. That an inspection was conducted by Anti Power Theft Squad on 12-11-07. Complainant was present during the inspection. Theft of energy by tapping from the service main, bypassing the meter circuit was detected. The meter and service wire along with looping wire were seized and sealed in the presence of complainant. It is kept in safe custody. In addition photographs were taken. The connected load was seen as 5.6KW and site mahazar was prepared. Copy was given to complainant. The details of present load connected are stated in the version. Though it is true that complainant was remitting current charges as per the bills served to him, those bills did not assess the actual consumption due to the illegal tapping of energy by the consumer. The penal bill for Rs.52,592/- was issued to complainant on 13-11-2007. As per the request made by complainant, the deputy Chief Engineer granted instalment facility with 3 instalments. The amount of Rs.26,892/- was remitted on 13-11-2007 by the complainant without any protest. In order to avoid registering a police case and further actions a declaration in stamp paper was also executed by the complainant declaring that the theft was detected in his service connection and that he is ready and willing to remit the whole amount as per the instalments granted by Deputy Chief Engineer. The balance of the penal bill was remitted on20-11-2007. The bill issued is correct and proper. Complainant has paid the whole amount. There is no deficiency in service and that complainant is not entitled to any reliefs.

3. Evidence consists of the affidavit filed by complainant and Exts.A1 to A4 marked for him. Opposite party filed counter affidavit and Exts.B1 to B7 and MO1 marked for opposite party.

4. Points for consideration:-

(i) Whether opposite parties are deficient in service.

(ii) If so reliefs and costs.

 

5. Point (i):-

Complainant challenges Ext.A2 bill dated, 12-11-2007 for Rs.51,572/- issued by opposite party.

6. The complaint is resisted by opposite party raising the contention that the bill was issued on detection of theft of energy during the inspection conducted by Anti Power Theft Squad on 12-11-2007. It is also the case of opposite party that complainant admitted the theft of energy and paid the entire amount towards the bill after executing declaration. Ext.B1 is the site mahazar. It is seen stated in Ext.B1 as under.

"മീറ്റര്‍ പരിശോധിച്ചപ്പോള്‍ മീറ്ററിലേക്ക് പോസ്റ്റില്‍ നിന്നും വരുന്ന സര്‍വീസ് വയറിന്‍െറ ചുവപ്പു നിറത്തിലുളള ഫേസ് വയറിന്‍െറയും കറുത്ത നിറത്തിലുളള ന്യൂട്രല്‍ വയറിന്‍െറയും ഇന്‍സുലേഷന്‍ നീക്കം ചെയ്ത് ആ ഭാഗങ്ങളില്‍ രണ്ട് കറുത്ത നിറമുളള വയറുകള്‍ ഘടിപ്പിച്ച നിലയില്‍ കാണുന്നു. ഈ രണ്ടു വയറു കളുടെയും മറ്റ് അറ്റം ഈ വീട്ടിലെ ഡിസ്ട്രിബ്യൂഷന്‍ ബോക്സില്‍ ഘടിപ്പിച്ച നിലയില്‍ കാണുന്നു. മീറ്റര്‍ സര്‍ക്യൂട്ടില്‍ ഇപ്രകാരം കൃത്രിമം കാണിച്ചതു വഴി മീറ്ററിലേക്ക് വരുന്ന വൈദ്യുതി മീറ്ററില്‍ രേഖപ്പെടുത്താതെ നേരിട്ട് ഈ വീട്ടിലെ വൈദ്യുത ഉപകരണങ്ങളിലേക്ക് എടുത്ത് അവ പ്രവര്‍ത്തിപ്പിക്കുകയാണ്. പരിശോധന സമയത്ത് ഇപ്രകാരം സര്‍ക്യൂട്ടില്‍ മാറ്റം വരുത്തിയതിനാല്‍ ഈ വീട്ടിലെ വൈദ്യുത ഉപകരണങ്ങള്‍ പ്രവര്‍ത്തിപ്പിച്ചു നോക്കിയപ്പോള്‍ മീറ്റര്‍ പ്രവര്‍ത്തനരഹിതമായിരുന്നു. മേല്‍ പറഞ്ഞ രീതിയില്‍ മീറ്റര്‍ സര്‍ക്യൂട്ടില്‍ കൃത്രിമം കാണിച്ചതു വഴി ഉപഭോക്താവ് ഉപയോഗിക്കുന്ന വൈദ്യുതിയുടെ ഭൂരിഭാഗവും മീറ്ററില്‍ രേഖപ്പെടുത്താതെ മോഷ്ടിക്കുകയാണ്."

 

7. Ext.B1 bears the signature of the complainant. Ext.B7 is a photograph showing the label affixed on the box which contains the meter that was seized by opposite parties on 12-11-2007. In Ext.B7 the signature of the complainant and the date is very clear. The meter inside the box was produced before the Forum and marked as MO1. The signature of the complainant in Ext.B1 mahazar, Ext.B7 photograph of label and MO1 fully tally with his signatures in the complaint, and affidavit. These documents establish and prove the detection of theft of energy by opposite parties. Ext.B3 is a declaration in which complainant has affirmed that theft of energy was detected on 12-11-2007 during inspection by Anti Power Theft Squad. He has also stated in Ext.B3 that he is willing to pay the whole amount towards the penal bill. It is the case of opposite party that on receiving Ext.B3 declaration all further actions including registering a police case was stopped as per the law envisaged in the proviso to clause (4) of Sec.126 of the Indian Electricity Act, 2003.

Section 126 (4) reads as under:

"Any person served with the order of provisional assessment may, accept such assessment and deposit the assessed amount with the licensee within seven days of service of such provisional assessment order upon him.

Provided that in case the person deposits the assessed amount, he shall not be subjected to any further liability or any action by any authority whatsoever."

8. It is clear that as per the above proviso after accepting Ext.B3 declaration opposite party has stopped all further liability and actions against the complainant. The complainant has preferred this complaint to refund the amount remitted by him after availing the benefit of this section. This proviso is anyhow omitted/repealed by the amendment dated, 29-5-2007. From the materials placed before us we are able to reach the inescapable conclusion that the penal bill issued by opposite parties is legal and proper. Complainant is liable to pay the same. We do not find any merits in the complaint. We find opposite parties not deficient in service.

9. In the result, the complaint is dismissed. No costs.

Dated this 5th day of November, 2009.

Sd/-

C.S. SULEKHA BEEVI, PRESIDENT

Sd/-

MOHAMMED MUSTAFA KOOTHRADAN, Sd/-

MEMBER E. AYISHAKUTTY, MEMBER

APPENDIX

Witness examined on the side of the complainant : Nil

Documents marked on the side of the complainant : Ext.A1 to A4

Ext.A1 : Notice dated, 12-11-2007 by opposite party to complainant.

Ext.A2 : Demand and Disconnection notice dated, 12-11-2007 for Rs.51,572/-

from opposite party to complainant.

Ext.A3 : Order dated, 13-11-2007 from Deputy Chief Engineer, Electrical Circle,

Tirur to complainant.

Ext.A4 : Instalment Plan from opposite party to complainant.

Witness examined on the side of the opposite parties : Nil

Documents marked on the side of the opposite parties : Ext.B1 to B7

Ext.B1 : Photo copy of the Site Mahazar dated, 12-11-2007 prepared by

Sri. Shaji.Y.S., Sub Engineer, Electrical Section, Venniyur.

Ext.B2 : Photo copy of the report of Assistant Engineer, Anti Power Theft Squad,

Kozhikkode to Assistant Engineer, Electrical Section, venniyur.

Ext.B3 : Photo copy of the Declaration from complainant to opposite party.

Ext.B4 : Photo copy of the Order dated, 13-11-2007 from Deputy Chief Engineer,

Electrical Circle, Tirur to complainant.

Ext.B5 : Photo copy of the Notice dated, 12-11-2007 by opposite party

to complainant.

Ext.B6 : Photo copy of the Demand and Disconnection notice dated,

12-11-2007 for Rs.51,572/- from opposite party to complainant.

Ext.B7 : Seizure mahazar (Photograph)

Sd/-

C.S. SULEKHA BEEVI, PRESIDENT

Sd/-

MOHAMMED MUSTAFA KOOTHRADAN, Sd/-

MEMBER E. AYISHAKUTTY, MEMBER