By Sri. K. Gheevarghese, President:

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

The complaint in brief is as follows:- The Complainant is a consumer of electricity as in connection No.14462 for running a petrol pump named 'Moosa fuels'. The connected load of the consumer is 8000 W and the bills are charged at the rate 20 per Watt. An inspection was done by the APTS and a site mahazar prepared. The Assistant Engineer of APTS alleged transaction above the connected load. The assessment and finding of the Assistant Engineer APTS on the connected load of the equipments and other accessories in the petrol pump is incorrect. The fuel pumps of ¾ HP UPS 1500 W are not in use of the Complainant but they are also included adding the connected load by the APTS. The lights which are connected to the generator are also counted in the connected load. The accounting of connected load by the APTS is absolutely relied on mistakes. The fuel pump has been running from 2007 onwards. The total connected load assessed on accounting the various items are absolutely erroneous and excessive. The Opposite Party issued a bill dated 18.5.2009 for Rs.42,682/- in pursuance of the usual bills issued. The Complainant filed a review petition to reassess the connected load. Whereas the Assistant Engineer, KSEB Section Office, Meenangadi intimated the Complainant that the bill supplied is based on accuracy in assessment. At the time of inspection the Complainant was not present and no notice was issued to him. The assessment of the APTS is excessive and erroneous. The amount demanded vide the bill No.333323 of Rs. 42,682/- is illegal. On 03.6.2009 the Opposite Party issued a bill No.118555 for Rs.76,662/- including the amount in the previous bill. The Complainant is in the threat of disconnecting the supply of electricity. A fuel pump run by the Complainant is for livelihood. The function of the fuel pump will be stopped, if the supply of electricity is disconnected. There may be an order directing the Opposite Party :-

1. To declare invoice No.333323 dated 25.5.2009 in consumer No.14462 is illegal

   and void and the amount demanded Rs.76,662/- is not liable to be paid.

     2.     Directing the Opposite Party is not to disconnected the service connection to the

             consumer No.14462.

     3.    To pay compensation of Rs.25,000/-.

2. The Opposite Parties filed version, in brief it is as follows:- The connection in consumer No.14462 under LT 7A tariff with connected load of 7170 W was in the name of Mr. Prasad, Territory Manager, Bharath Petroleum Corporation, Kannur. The connection availed was to a petrol pump. The fixed charge levied per KW is Rs.50/-. The consumer has to pay the charges for 8 KW. The Anti Power Theft Squad made a surprise inspection and connected load in the premises found to be 12515 W (below 13KW). The consumer is an unauthorised user of additional load below 5 KW. The generator and the equipments fed by the power generator is explained in the mahazar. The advises which are run by board is power supply on inspection is only calculated in the estimation of the connected load. The Complainant was issued a penal bill of Rs.42,682/- on 18.5.2009. The bill covers the proportionate energy charges under penal rate with duty. The Complainant filed an application to make reassessment on the connected load, spot inspection followed there after reaffirmed the connected load . The allegation of the Complainant is absolutely baseless. There is no deficiency in service or unfair trade practice on the part of the Opposite Parties. The complaint is to be dismissed with cost.

3. The points in consideration are:-

1. Whether any deficiency in service or unfair trade practice on the part of the Opposite Parties?

2. Relief and cost.

4. Points No. 1 and 2:- The evidence in this case consists of affidavit of Complainant and Opposite Parties. Exts.A1 to A12 and Exts.B1 to B7 are the documents produced for the Complainant and Opposite Parties respectively. The report of the Commissioner is Ext.C1. The Complainant and Opposite Parties has given oral testimony. The Complainant is examined as PW1. The Opposite Party is examined as OPW1.

5. The Complainant is a beneficiary of the electricity connection which is given in the name of one Prasad, Territory Manager, Bharath Petroleum Corporation Ltd., Kannur. The Complainant here in runs the petrol pump. The case of the Complainant is that the Anti Power Theft Squad made a surprise visit and a penal bill of additional load 5 KW of Rs.42,682/- was issued. The estimation made by the Opposite Party is incorrect. Ext.A1 is the mahazar prepared by the Anti Power Theft Squad. The additional load of 12515 W appeared to be in connection with the electricity in the above number consisting of 14 numbered items. The sanctioned load of connection is 7100W in short the sanctioned load is 8 KW. The additional load detected apart from the sanctioned load amount to excess of 5 KW according to the Opposite Party. The commission report is Ext.C1. The Opposite Party filed an objection to the commission report Ext.C1. The connected load of the devices are not submitted in the commission report. How ever the items which are not in connected to the power of KSEB is detailed in the report. On examination of the 1^st Opposite Party it is also admitted that 8 metal handed lamps were not connected to the supply of board. Ext.A1 consists of ¾ HP fuel pumps in 3 numbers. The load of this devices are calculated arriving to the conclusion of 12515W. Ext.C1 details that two old fuel pumps ¾ HP were kept in the premises which are not in working condition and they are neither connected to power line nor to fuel tank. The load of this 2 fuel pump of ¾ HP are also included in the Ext.A1 mahazar. The Assistant Engineer of Anti Power Theft Squad is examined as OPW1. The working condition of some devices in disputes not seen tested by the Anti Power Theft Squad in inspection. It is also admitted on examination by the OPW1 that regarding the voltage of the metal handed lamps it is based on estimation. The derivation to the conclusion of 12515W is found to be not correct. How ever the beneficiary Complainant is in consumption of an additional load than the sanctioned of 8 KW.

6. The Opposite Party issued the Complainant a bill No.333323 dated 18.5.2009. A bill penalising for unauthorised additional load is to be reduced to 2 KW. The consumer is in LT 7A tariff. Ext.A2 the bill issued to the consumer is against the provisions and hence the bill dated 18.5.2009 of No.333323 in consumer No.14462 of Rs.42682 is quashed. The Opposite Party is directed to issue the consumer a bill for the same period for an additional load of 2 KW for a period of 6 months and the assessment for this shall be made at a rate equal to 1 ½ times the tariff applicable in the category mentioned. The consumer is directed to pay the amount as demanded in the fresh bill within 15 days on receipt of the same. The amount demanded in the subsequent bills excluding the amount in the disputed bill is liable to be paid by the Consumer.

In the result, the complaint is partly allowed. The bill No.333323 dated 18.5.2009 in dispute issued to the consumer No.14462 is quashed and the Opposite Party is directed to issue a fresh bill taking into account the unauthorised additional use of 10 KW electricity which continued for a period of 6 months preceding the date of inspection on assessment at a rate equal to 1 ½ times the tariff applicable. The consumer is also directed to pay the bill amount within 15 days on receipt of the same. This is to be complied within one month from the date of receiving this order.

Pronounced in open Forum on this the day of 29^th January 2010.

PRESIDENT: Sd/-

MEMBER : Sd/-

MEMBER : Sd/-

A P P E N D I X

Witness for the Complainant:

PW1. Dr. P.C. Mohinudheen. Complainant.

Witness for the Opposite Parties:

OPW1. Sathyakumar. Asst. Engineer, K.S.E.B.

Exhibits for the Complainant:

A1. Copy of the Site Mahazar. dt:18.04.2009.

A2. Demand and Disconnection Notice. dt:18.5.2009.

A3. Copy of Letter. dt:01.06.2009.

A4. Demand and Disconnection Notice. dt:03.06.2009

A5. Letter. dt:10.06.2009.

A6. Demand and Disconnection Notice. dt:03.12.2008

A7. Demand and Disconnection Notice. dt:01.02.2009.

A8. Demand and Disconnection Notice. dt:03.04.2009.

A9. Letter. dt:10.05.2007.

A10. Copy of Letter. dt:01.11.2005.

A11.(Marked

with objection) Copy of Dispensing Pump and Selling Licence

A12. Copy of Letter. dt:26.10.2006.

C1. Commission Report. dt:20.07.2009.

Exhibits for the Opposite Parties:

B1. Copy of Consent .

B2. Copy of Agreement. dt:06.01.2007.

B3. Copy of Application Form.

B4. Copy of Letter. dt:01.06.2009.

B5. Site Mahazar. dt:18.04.2009.

B6. Letter.

B7. Receipt. dt:03.06.2009