By. Sri. K. Gheevarghese, President :

The complaint filed under section 12 of the Consumer Protection Act 1986.
 

The sum up of the complaint is as follows:- The complainant is a consumer numbered 27595 of electricity. The electricity connection was obtained on remitting Rs.2,000/- as C D and Rs.1,500/- as the OYEC charge. The supply was in tariff of VII A. The connection was given to the Complainant two, three days before the opening of the shop and immediately after the shop opening the Opposite Party demanded from the Complainant Rs. 4026/- as the current charge for the consumption of 421 units. The Complainant gave a petition to the Opposite party that the bill issued to the Complainant is incorrect and it is to be revised. Upon the request of the Complainant inspection was carried out and found that the meter installed was creeping. For the conformation of the faulty meter a check meter was installed for a period of 5 days. On 26.2.2009 the faulty meter was replaced by an another meter and subsequently and another bill was issued to the Complainant on 13.3.2009. This bill consists a demand of Rs.10,481/- including the amount in arrear. The Opposite Party has not replaced the faulty meter in time and the amount demanded by the Opposite Party is not based on the genuine consumption of electricity. There may be an order directing Opposite Party to:

1. Not to disconnect electric supply to the Complainant.

2. The bill dated 15.1.2009 numbered 69209 and the bill 90249 dated 13.3.2009 are to be withdrawn by the Opposite Party.

3. The Opposite Party may be directed to give the complainant Rs.5,000/- towards the cost and compensation.

2. The Opposite Parties filed version in short it is as follows:- The Complainant remitted the amount required for CD and OYEC for electric connection on 15.12.2008. The supply to the Complainant was under LT VII A tariff and the connected load on 22.12.2008 was 1260 W. The 1^st bill issued to the Complainant was for Rs.4,026/- in the account of consuming 421 units of energy. The complainant preferred a petition to the 1^st Opposite party to inspect the fault of the meter. Upon inspection installation of check meter was effected. The meter reading on the check meter was 8 units. The meter which was stuck up later replaced by a working meter and faulty meter was sent for detecting fault to TMR units, Shornur. The 1^st bill issued to the Complainant of Rs.6455/- was revised on the request and it was reduced to Rs.1947/- basing on the average consumption of the Complainant as 250 units. The 1^st bill issued to the Complainant consists of normally the charges including the application fee and so on. The same bill could not be revised. The request of the Complainant to revise the amount of the 1^st bill was forwarded to the Executive Engineer. The allegation of the Complainant that upon inspection found out that the meter was running is incorrect. There is no deficiency in service on the part of the Opposite Parties. The complaint is to be dismissed with cost to the Opposite Parties.

3. Points in consideration are:-

1. Is there any deficiency in service on the part of the Opposite Parties?

2. Relief and cost.

4. Points No.1 and 2:- The points No.1 and 2 can be considered together. The evidence adduced consists of the oral testimony of the complainant and Opposite Parties, along with the documents produced. The Complainant and Opposite Parties are examined as PW1 and OPW1 respectively. Ext.A1 to A11 are the documents for the Complainant and Ext.B1 to B8 are the documents filed for the Opposite Parties in support of their contentions. The case of the Complainant is that the bill issued to the Complainant by the 1^st Opposite Party demanding the amount ia not in accordance with the consumption of energy. Instead the demand of the amount is based on the recording of the energy by the faulty meter. The bills issued to the Complainant numbered as such 69209 dated 15.1.2009 of Rs. 4,026/- and bill No.90249 dated 13.3.2009 of Rs.10,481/- are to be cancelled. Since the bill issued are not in comply with the correct recording of energy. The bill dated 15.1.2009 is the Ext.A1 in which the amount demanded is Rs.4,026/-. The endorsement in this bill shows that the meter is working. The energy consumed according to this bill is 421 units. The 2^nd bill issued to the Complainant dated 13.3.2009 of 90249 as demanded Rs.10,481/- including the arrear amount is admitted by the Opposite Party and from the face of the exhibits produced the meter installed first is faulty. In pursuance of the application given by the complainant the meter which was stuck up was replaced by a meter in working conditions on 26.2.2009. The Complainant had given application to the 1^st Opposite Party for the replacement of the fault meter on 16.1.2009 and there after an another application to revise the amount demanded by the Opposite Party and 2^nd application was given on 2.3.2009. Up on the installation of the check meter the faulty of the 1^st meter was noted and replacement of the meter was effected upon the request of the Complainant. The Opposite Party had taken a steps to revise the amount demanded basing upon average consumption of energy in subsequent use. We are in the opinion that the consumption of energy recorded in bill dated 15.1.2009 numbered 69209 and the bill numbered 90249 dated 13.3.2009 is inconsistent and the amount demanded in this bill is not based upon the unit of energy consumed. The bill issued as such based upon the faulty recording of energy is a deficiency in service on the part of the Opposite Parties.

5. The demand cum disconnection notice issued by the Opposite Party dated 15.1.2009 of Rs.4,026/- wide the bill No.69209 and the bill dated 13.3.2009 No.90249 of Rs.10,481/- are quashed. The 1^st Opposite Party is directed to give fresh bills to the Complainant during this period. The consumption of the energy is to be assessed basing upon the average consumption of energy for a period of six months since from the date of installation of the working meter in the place of the faulty meter. The bills issued revising the amount assessing as directed to be given to the Complainant within one month. The Complainant is entitled for getting the deduction of the amount if remitted towards disputed bills.

In the result, the complaint is partly allowed. The disputed bills No.69209 dated 15.1.2009 and the bill dated 13.3.2009 numbered 90249 are quashed. The Opposite Party is directed to give the Complainant the fresh bill for the relevant period, taking average consumption of energy for a period of six months after installation of the 2^nd meter. The Complainant is also directed to remit the revised amount demanded by the 1^st Opposite Party within fifteen days on acceptance of the revised bills. The Complainant is also entitled for cost of Rs. 500/- (Rupees Five hundred only) from the Opposite Parties. The Opposite Parties are directed to comply with the order within one month from the date of receiving this order.

Pronounced in open Forum on this the day of 29^th September 2009.

PRESIDENT: Sd/-

MEMBER- I: Sd/-

MEMBER-II: Sd/-

APPENDIX

Witness for the Complainant.

PW1. K. Sainudheen. Complainant.

Witness for the Opposite Parties.

OPW1. P. G. Laiju. Asst. Engineer.

Exhibits for the the Complainant:

A1. Bill. dt:15.01.2009

A2. Copy of Letter. dt:16.01.2009.

A3. Bill. dt:13.03.2009.

A4. Copy of Letter. dt:02.03.2009.

A5 Copy of Advertisement.

A6. Receipt. dt:26.05.2009

A7. Receipt. dt.15.07.2009.

A7(a) Bill. dt:13.07.2009.

A8. Copy of Receipt. dt:01.07.2009.

A9. Copy of Bill. dt:13.05.2009.

A10. Copy of Agreement. dt:12.07.1990.

A11. Copy of relevant page of Consumer's Bimonthly Meter Reading Register.

Exhibits for the Opposite Parties:

B1. True copy of Application Form.

B2. True copy of relevant page of Service Connection Register.

B3. True copy of relevant page of OYEC Register.

B4. True copy of Letter. dt:02.03.2009.

B5. True copy of relevant page of Meter Changing Register.

B6. True copy of Bill. dt:13.3.2009.

B7. True copy of Letter.

B8. True copy of relevant page of Service Connection Register.