By Sri. P. Raveendran, Member.

Complaint filed U/S 12 of Consumer Protection Act.

Brief of the Complaint is as follows.

Complainant No.1 is the owner of Room No. M.P VI/73 of Mullankolly Punchayath and Complainant No.2 is the tenant there in. An extra Department, Branch Post Office is functioning in the said room as accommodated by petitioner No.2. The second petitioner is the consumer of electricity in the said room having consumer No. 15107. The petitioner has applied for the connection on 18.08.2006 and the respondent has given connection on 18.07.2007. On 13.08.2007 the spot biller took the reading and issued a bill for Rs.907/- out of which Rs.850/- as fixed charge, Rs.7/- as electricity charge and Rs.50/- as meter rent.

2. In the above bill the tariff shown as VI C and date of connection noted as on 29.03.2007. So the petitioner filed a complaint before the 1^st Opposite Party to which he replied that as per their records the date of connection is 29.03.2007 and if the connection was actually given on 18.07.2007, the line man shall bear the electricity charge till 18.07.2007 and the petitioner shall bear the balance amount. The Tariff rate LT VI C fixed for the petitioners is not correct. Tariff VI C is applicable to Departmental Post Offices. Petitioners premises is an Extra Departmental Branch Post Office. It is coming within the Tariff L.T VII.B. So the petitioner had applied to switch over the Tariff but the 1^st Opposite Party has turned down his request and on 1.12.2007 the respondents here in disconnected the electricity to the petitioner's premises and on 13.10.2008 dismantled the same. The petitioners failed to pay the electricity bill since it was illegal and improper. Petitioner No. 2 is ready to pay the bill from 18.07.2008 onwards assessed as per Tariff L T VII B till the date of disconnection. Petitioners are also entitled to get the electricity reconnection. Intentionally making delay in giving connection after sanction, issuance of bill for the period when electricity connection was not given, fixing tariff in an improper manner, disconnecting electricity in an illegal manner are deficiency of service from the part of respondents. Therefore it is prayed to issue direction to Opposite Parties.

1. To reconnect the electricity to the petitioners.

2. The Tariff applicable to complainants premises LT VII B.

3. Petitioner No.2 is liable to pay electricity charge from 18.07.2007 onwards.

4. To issue a fresh bill from 18.07.2007 to till disconnection under the tariff LT VII B to petitioner No.2.

5. To pay Rs.50,000/- as damages.

6. Grant cost of the petitioners etc.,

3. Opposite Party entered into appearance and filed version. In the version they stated that it is true that an electricity connection under commercial tariff was effected to the first complainant. Since the premises where on the connection was effected was working as a post office it was charged under LT VI C tariff as per rules. There is no classification as extra departmental post office and departmental post office or other wise in fixing tariff under LT VI C. The above said service connection was effected on 29.03.2007 as per the priority register of service connection maintained in the officer of Opposite Parties. But due to clerical error in the entry of name of transformer, the line man of the area could not locate the consumer's premises as on the date of connection as entered in the service connection register. Due to the above reason the connection was in fact physically effected on 18.07.2007. As per the records the service connection was effected on 29.03.2007 the Opposite Party is bound to issue bill from that period and further informed that the lineman concerned will bear the electricity bill payable up to 17.07.2007 to avoid inconvenience of the consumer. But even then the consumer was not ready to pay the bill stating that the tariff applicable to them is not the present and they are liable for another tariff for which a reduced rate is applicable. The consumer did not paid the bill issued to them and hence the Opposite Party has no other way other than to disconnect the supply which subsequently led to dismantle the service connection on 13.10.2008. There is no deficiency of service on the part of Opposite Parties. Therefore the complaint may be dismissed.

4. Considering the complaint and version. The following points are to be considered.

1. Whether there is any deficiency of service on the part of the Opposite Parties?

2. Relief and cost.

5. Point No.1 To prove complainant's case. The complainant has filed chief affidavit and Ext. A1 to A6 were also marked. In the chief affidavit he has stated as stated in the complaint. Ext.A1 series (7 bills) are the electricity bills issued by Opposite Party ie from 13.08.2007 to 16.08.2008. As per bill dated 13.08.2007 the bill is for five months. As per the above bill the consumption is 1 unit. Ext.A2 series are the notice sent to 3^rd Opposite Party and others by the complainant along with postal receipts. Ext.A3 is the reply for A2 given by 1^st Opposite Party to the complainant. Ext.A4 is the letter sent by Senior Superintendent of Post Officers to the 1^st Opposite Party. Ext.A5 is the copy of appeal filed by the complainant before Executive Engineer, K.S.E.B. Ext.A6 is the copy of Kerala Gazette date 27.11.2007. Opposite Parties filed version and chief affidavit of 1^st Opposite Party. In the chief affidavit he has stated as stated in the version. No document is produced on the side of Opposite Parties. On perusing Ext.A2 and Ext.A3 it is clear that the electric connection given to the complainant is only on 18.07.2007. But Ext.A1 series shows that the Opposite Party has issued bill from 29.03.2007. Ext.A6 (Kerala Gazette date. 27.11.2007) shows that the Tariff applicable to the complainant is L.T VI ( C ). In Ext.A6 it is clear that the Tariff applicable to offices or institutions under Department of posts is L.T.VI C. At the time of cross examination the complainant admitted that his Branch Post Office is under the postal department. More over he admitted that his Branch Post Office is not coming under the institutions mentioned in Tariff L.T VII.B commercial. So the Tariff applicable to the complainant is Tariff L.T.VI.C. So Ext.A1 bills issued to the complainant are to be quashed and a new bill under VI.C Tariff from 18.07.2007 to 31.05.2008, (on the date of electricity connection has to be dismantled) is to be given by the Opposite Parties. While preparing the bill, Opposite Party is directed to calculate fixed charge and meter rent from 1.12.2007 to 31.05.2008. On getting the bill the complainant has to pay the bill amount. After paying the bill amount he is entitled to get reconnection from Opposite Parties. Point No.1 is decided accordingly.

6. Point No.2 Opposite Party has to prepare and give a bill under Tariff VI.C from 18.07.2007 to 31.05.2008 as mentioned above, within 15 days of receipt of this order to the complainant. The complainant has to remit the amount within 15 days of receipt of the bill. Opposite Party has to give electric connection within 10 days of payment of the bill. No order as to cost and compensation.

In the result the complaint is partly allowed. Ext.A1 bill issued by the Opposite Parties is quashed. Opposite Parties are directed to issue a fresh bill to the complainant under Tariff VI.C from 18.07.2007 to 31.05.2008 as mentioned above within 15 days of receipt of this order. The complainants are directed to pay the bill amount within 15 days of receipt of the bill. The Opposite Parties are directed to give reconnection within 10 days of the payment of the bill. Opposite Parties can deduct the electric current charge from 29.03.2007 to 17.07.2007 from the salary of the line man who defaulted to give electric connection on 29.03.2007.

The order is to be complied as mentioned in the above paragraph.

Pronounced in Open Forum on this the 30^th day of April 2009.

PRESIDENT : Sd/-

MEMBER I : Sd/-

MEMBER II : Sd/-

A P P E N D I X

Witnesses for the complianant :

PW1. M.T.Suresh. Branch Post Master, Marakkadavu.

Witnesses for the Opposite Party :

OPW1. Radhakrishnan Pillai Assistant Engineer, KSEB, Pulpally.

Exhibits for the Complainant :

A1.Series(7 Nos.) Electricity bills

A2.Series. Letter dt.1.09.2007

A3. Letter dt.20.09.2007

A4. Letter of Senior Superintendent

of Post Offices.

A5.Series. Letter with postal receipts and

A.D Card. dt. 26.09.2008

A6. Latest tariff of KSEB

Exhibits for the Opposite Party :

Nil