O R D E R Sri.K.Vijayakumaran, President. The Complainant is seeking rectification of the defects in the electric bills and refund of excess charges collected with compensation and cost. (2) The averment in the complaint in brief is as follows:- The complainant is Consumer No.4542 under the Olayil Electrical Section of the opposite party for the last 10 years. He was consuming electricity without any variation. The complainant is a Police Constable, his wife is a teacher and his child is a school going student. So on all working days there will be no consumption of electricity between 8 A.M. to 6.P.M. in his house. On 26.12.2000 the opposite party installed a new Electric Energy Meter in the complainant’s house instead of the existing mechanical metre. In January 2001 the opposite party has illegally collected cost of 18 units of electricity from the complainant in excess. The complainant though complained about this no action has been taken. However, the complainant has remitted the amount on 05.01.2001 to avoid disconnection. In the subsequent months also the complainant noticed abnormal increase in readings and from that he could understood that the meter is a defective one. Again he approached the opposite party without any use . On 06.07.2001 the opposite party issued a bill to the complainant for Rs.1,538/- (3) for consuming 691 units. The complainant and his family were away from March to June and therefore there was practically no consumption of electricity. On 07.07.01 itself the complainant submitted a written complaint to the opposite party and requested to take immediate action to check the energy meter. But no action has been taken by the opposite party. The complainant has not consumed so much units of electricity. The issuance of the bill for Rs.1,538/- amounts to deficiency in service. Hence the complaint. The opposite party filed version contenting that the complaint is not maintainable. The complainant is a consumer of opposite party 1 and he is paying current charges under I(A) domestic tariff. The Electrical Energy Meter of the complainant ‘s premises was changed on 26.12.2000. The reading recorded in the new electronic energy meter on 05.01.2001 was 38 and the consumption for 10 days was 28 units. This consumption of 28 units is the case consumption for 10 days. Accordingly the consumer was billed for a consumption of 187 units on (4) 05.01.2001 which the complaint is bound to pay. The complainant has not filed any written complaint or requested the opposite party to check the energy meter. In spot billing system the consumption recorded in the energy meter is taken bi-monthly and demand bill given to the consumer at the spot itself by the spot biller. The spot bills is served in the presence of the consumer. No doubts were raised by the consumer regarding consumption at the time of billing. He paid all the bills within the due days. This shows that the complainant was fully convinced of the consumption recorded in the meter. The bill for Rs.1,538/- issued to the complainant is for the actual consumption. There is no deficiency in service or any illegal act from the opposite party. The opposite party has demanded only the charges for consumption recorded in the energy meter. Immediately on receipt of the notice from the Forum, the second opposite party installed an energy meter parallel to the complaint meter on 15.09.2001 for verifying the correctness of the meter. The opposite party has no objection to refer the dispute to the Electrical Inspector if the complaint is ready and willing to remit (5) the required fee. There is no cause of action for filing this complaint. Hence the opposite party to prays to dismiss the complaint. The complainant filed affidavit. PW1 examined. Exts.P1 to P21 marked. From the side of opposite parties DW1& DW2 examined. The points that would arise for consideration are : (1) Whether there is any deficiency in service from the part of opposite party. (2) Reliefs and cost. Points It is an admitted fact that the electric meter installed in the premises of the complainant was changed with an electronic meter and the same was a faulty meter is confirmed by Ext.C1 report of the Electrical Inspector.Exts.P2 to P4 shows that the average bi-monthly consumption of electricity by the complainant (6) was around 200 units. But Ext.P5 bill dtd:06.07.01 shows an abnormal increase in consumption and so the complainant approached opposite party 1 with Ext.P6 complaint but it is of no avail and so he filed this complaint. It is his case that ever after filing of this complaint on 23.07.2001. The opposite parties continued to issue bills as per the reading of the faulty meter. Admittedly after filing of this complaint the opposite parties installed a parallel meter in the house of the complainant and the reading of the parallel meter showed that the existing meter is a faulty one. The opposite parties in their additional version has stated that the original demand as per the reading of the faulty meter for the period from 07/01 to 05/03 Rs.14775/- was subsequently revised to Rs.3835/-. However no material is produced to prove such a revision. The complainant has categorically stated that no such revised bill was issued to him DW1 though has agreed to produce the same did not produce it from which an adverse inference can be drawn. It has come in evidence that on disposal of this complaint by this Forum on (7) 23.08.05 the opposite parties issued Ext.P21 bill for Rs.18016/- alleging that the same is in accordance with the revised reading as per the parallel meter and the complainant remitted the amount when supply was disconnected. The grievance of the complainant is that had the bills as per the parallel meter reading issued he would have paid the electricity charges but opposite parties did not issue such bills. DW2 in cross examination at Page 3 has stated that the first bill as per the parallel meter reading was issued 31.01.06. She has further admitted that Exts.P9 to P15 are bills based on faulty meter reading and that the complainant need pay current charges only for the actual consumption and no surcharge or interest is also payable. To a suggestion of the Learned Counsel for the complainant “Parallel meter ¨ reading •›¤¢µ¤¾ bill ›#710;¢#162;#164;¼¤ …Æ¢ consumer ›¤ bill •®´¡ˆ#162;#164;ˆ#161;#162;#164;¼¤ …¼¤ œ¤¼¤ DW2 answered ¢#161;ä. To another pointed question (8) •¹¢¨› #162;#164;¨¼Æ¢/span> 31.01.06 bill •›¤¢µ¤ surcharge ƒ« consumer •#169;´#162; ¢¿¡#162;#164;¼¤. She answered ¢#161;î. So from the evidence of DW2 it is obvious that the bill as per parallel meter reading was issued only on 31.01.06 and the case of DW1 that a revised bill for Rs.3835/- for the period from 07/01 to 05/03 is not true. For the negligence on the part of the opposite parties the consumer cannot be penalized with interest, fine etc. Regarding collection of charges for 18 units also the opposite parties have not adopted the procedure laid down in the Rules DW1 in cross examination admitted that they have collected excess charges for 18 units which is due to a clerical error which they are ready to rectify. For all that has been discussed above we find that there is deficiency in service on the part of the opposite parties. In the result, the complaint is allowed quashing Exts.P5, P7, P9 to P16 and P21 with a direction to issue fresh bills in (9) accordance with Kerala State Electricity Board terms and conditions of supply 2005. The excess amount collected will be refunded as per Reg 37(2) of Kerala State Electricity Board Terms and Consitions of Supply 2005. The interest collected from the complaint also will be refunded. The excess charges collected for 18 units will be adjusted in future bill. The opposite parties are also directed to pay the complainant compensation of a sum of Rs.7500/- and Rs.2500/- towards costs which may be realized from those who are responsible if opposite party 2 choose to do so. The order shall be complied with within one month. Dated this the 29th day of October 2010. K.Vijayakumaran :Sd/- Adv.Ravi Susha :Sd/- R.Vijayakumar :Sd/- // Forwarded by Order // Senior Superintendent Date of Filing: 23.07.2001 Date of Order: 29.10.2010 (10) INDEX List of witnesses for the complainant PW1 - A.Thomas List of documents for the complainant P1 - Acknowledgment letter P2 - Bill dtd:05.01.01 P3 - Bill dtd:08.01.03 P4 - Bill dtd:07.05.01 P5 - Bill dtd:06.07.01. P6 - Copy of complainant dtd:07.07.01. P7 - Bill dtd:12.09.01 P8 - Parallel meter and meter record of two meters P9 - Bill dtd:07.11.01. P10 - Bill dtd:07.01.02 P11 - Bill dtd:07.05.02. P12 - Bill dtd:06.07.02. P13 - Bill dtd:06.09.02. P14 - Bill dtd:07.11.02. P15 - Bill dtd:07.01.03. P16 - Bill dtd:07.03.03. P17 - Bill dtd:07.03.02 P18 - Bill dtd:08.05.03 P19 - Arrears of current charges from -07/01 onwards P20 - Permission letter P21 - Bill dtd:18.03.06 List of witnesses for the opposite party DW1 - Yasodharan DW2 - Suma.V.S. C1 - Report of Electrical Inspector | 
