THE CONSUMER DISPUTES REDRESSAL FORUM, KOTTAYAM Present: Sri. Santhosh Kesavanath P., President Smt. Bindhu M. Thomas, Member Sri. K.N. Radhakrishan, Member CC No. 15/2008 Saturday, the 31st day of January, 2009. Petitioner : Thomas P. Antony, Ponmala House, Amalagiri P.O Kottayam. Vs. Opposite parties : 1) The Assistant Engineer, KSEB, Athirampuzha P.O, Kottayam.
2) The Secretary, Vydhyuthibhavan, Pattom, Trivandrum.
O R D E R Sri. Santhosh Kesavanath P., President. Case of the petitioner's is as follows: Petitioner for agriculture purpose availed an electric connection from the electricity board on May, 2004. The said connection is for irregating his vanila cultivation in his 50 cents of property. Since opposite party was not issuing any bill petitioner was in apprehension that the connection for agriculture purpose is free of cost. On 2007 the connection for the petitioners was disconnected and on 12..6..2007 an additional bill was issued by the opposite party claiming an amount of Rs. 1,564/- . According to the petitioner issuance of the bill after the disconnection is illegal. The peptitioner for irregating cultivation had spent Rs. 26314/-. Further more petitioner states that due to disconnection of electric supply he sustained a loss of Rs. 25,000/-. According to the petitioner issuance of the bill is illelgal so, he prays for cancellation of the bill he also claim Rs. 25,000/- as compensation. -2- Opposite parties entered appearance and filed version contenting that petition is not maintainable. According to the opposite party petitioner was a consumer under LT- V, agriculture tariff, the service connection was effected on 30..6..2004. The energy meter of the petitioner was faulty and due to the shortage of meter. Faulty meter was replaced only on 6/07. After replacement of meter bill was issued for Rs. 1564/- for the period from 7/04 to 6/07. They contented that as per clause 31 of the terms and conditions of supply 2005 Board hasthe right to recover the amount for which power supplied. According to the opposite party bill is issued legally and there is no deficiency of service on their part so they pray for dismissal of the petition with their costs. Points for determinations are: i) Whether there is deficiency in service on the part of the opposite party? ii) Reliefs and costs. Point No. 1. Petitioner produced a copy of the bill Dtd: 16..6..2007 for an amount of Rs. 1564/- said document is marked as Ext. A2. From Ext. A2 it can be seen that bill was issued for the meter faulty period as per section 33 (2) of the conditions of supply of 2005 if the board is unable to raise a bill based on the meter reading due to mal functinging, board shall issue bill for an average previous six months consumption in such case meter shall be replaced within one month. Here the opposite party admitted that the meter was replaced only on 6/07. Further more as per section 56 (2) of electricity act 2003 no sum due from any consumer shall be recoverable after a period of 2 years from the date when such some become first due unless such some has been shown continuously as recoverable as an arrear of charges for electricity supplied. Here Ext. A2 is dtd: -3- 12..6..2007 ie. after commencement of the electricity act 2003. We are of the opinion that issuance of Ext. A2 bill after a period of 2 years from the date when such some first due is not legal and proper. We are of the opinion that non replacement of the faulty meter within time stipulated by the supply code and issuance of bill after the period of limitation prescribed by the electricity Act is an imperfection shortcoming and inadequacy in the quality and manner of performance which is required to be maintained by law is a clear deficiency of service. So point No. 1 is found accordingly. Point No. 2 In view of finding in point No. 1. Petition is to be allowed and petitioner is entitled for relief sought for. In the result bill dtd: 12..6..2007 with vide bill No. 127107 for an amount of Rs. 1,564 is quashed. Considering the facts and circumstances of the case no cost and compensation is ordered. Dictated by me transcribed by the Confidential Assistant corrected by me and pronounced in the Open Forum on this the 31st day of January, 2009. Sri. Santhosh Kesavanath P., President Sd/- Smt. Bindhu M. Thomas, Member Sd/- Sri. K.N. Radhakrishnan, Member Sd/- APPENDIX Documents for the Petitioner: Ext. A1: Copy of delivery chellan invoice dtd: Nil Ext: A2: Copy of the demand cum disconnection ndotice issued by the KSEB Dtd: 12..6..2007. Documents for the Opposite party Ext. B1: Copy of meter reading register. Ext. B2: Copy of notice served by the KSEB Dtd: 31..10..2007 Ext. B3: Notice issued by the KSEB Dtd: 18..1..2006 By Order,
Senior Superintendent amp/ 5 cs.
......................Bindhu M Thomas
......................K.N Radhakrishnan
......................Santhosh Kesava Nath P | | 
