By Smt. C. S. Sulekha Beevi, President,

Complainant is the Manager of I.K.T. Higher Secondary School, Cherukulamba. He challenges the penal bill for RS.43,998/- dated, 04-11-2008 issued by opposite party, alleging unauthorised additional load.

Facts:-

1. Complainant is a consumer under opposite party for the supply of electricity to I.K.T. Higher Secondary School. The consumer number is 8711. Complainant used to pay the regular bills issued without any default. While so, on 23-9-2008 an inspection was conducted in the premises of the school by the Squad formed under second opposite party. A provisional bill for Rs.43,998/- was issued to the complainant stating that the school is using unauthorised load over and above the sanctioned load of 470 watts. It is alleged that the bills is issued without any basis. That only one UPS is being used in the School. Another UPS of 3KW which was lying idle was taken into consideration by opposite party alleging that there is additional load of 2400 watts. That the school functions only from 10am to 4pm and that there is no necessity to use the tube lights and fan which are part of the installation. That the bill is illegal. Complainant prays for cancellation of the same.

2. Opposite party filed version admitting that complainant is the consumer for electricity supply to consumer number 8711. It is also admitted that complainant used to pay the regular current charges. Opposite party submits that an inspection was conducted in the premises on 23-9-2008 and unauthorised connected load was detected. The sanctioned load was only 470 watts. But the school was using 6936 watts without any authorisation. Hence the provisional penal bill for Rs.43,998/- was issued. Objections were filed by the complainant and he was heard. But the complainant could not prove that the assessment was unjustifiable. On 04-11-2008 final bill confirming the amount was issued. That complainant is liable to pay the same. It is further submitted that on 29-10-2008 the complainant had applied for regularisation of the additional load admitting the use of such additional load. That the bill issued is as per the provisions of law and that there is no deficiency in service.

3. Evidence consists of the proof affidavit filed by complainant and Exts.A1 to A7 marked for complainant. Opposite party filed counter affidavit and Exts.B1 to B8 marked for opposite party.

4. Complainant challenges the penal bill for Rs.43,998/- issued alleging unauthorised additional load. Ext.A1(b) is the final bill for Rs.43,998/- dated, 04-11-2008. The details of assessment shows that the unauthorised connected load detected is 7KW. It is submitted by opposite party that after the inspection, complainant had preferred application for regularisation of the additional load. Along with such application the completion certificate showing the present connected load was also submitted by the complainant. Ext.B2 is the completion certificate submitted by complainant to opposite party on 29-10-2008. Ext.B2 shows that the total connected load of complainant's connection is 7470 watts. This includes 14 light, 9 fan, 7 plug points and two UPS with 2550 watts and 3400 watts each. Ext.B2 proves that the complainant has connected 7KW above the sanctioned load of 470 watts. Hence the issuance of penal bill is legal and justifiable. There is no deficiency on the part of opposite parties.

5. In the result, the complaint is dismissed. No order as to costs. All interim orders are hereby vacated.

Dated this 16th day of August, 2010.

Sd/-

C.S. SULEKHA BEEVI, PRESIDENT

Sd/-

MOHAMMED MUSTAFA KOOTHRADAN, Sd/-

MEMBER E. AYISHAKUTTY, MEMBER

APPENDIX

Witness examined on the side of the complainant : Nil

Documents marked on the side of the complainant : Ext.A1 to A7

Ext.A1 : Demand and disconnection notice dated, 04-11-2008 for Rs.43,998/-

of consumer No.8711

Ext.A2(a & b) : Demand and disconnection notice and receipts of consumer No.8711

for the period from 16-9-2008 to 04-11-2008.

Ext.A3 : Demand and disconnection notice dated, 01-9-2007 of consumer No.14129.

Ext.A4(a & b) : Demand and disconnection notice and receipts of consumer No.8711

for the period from 05-7-2008 to 15-9-2008. :

Ext.A5 (a & b) : Demand and disconnection notice and receipts of consumer No.8711

for the period from 06-5-2008 to 04-7-2008. :

Ext.A6(a, b, c): Letter dated, 28-10-2008, 04-11-2008 and proceedings of first opposite party to complainant.

Ext.A7 : Disconnection notice dated, 01-01-2009 for Rs.43,998/-

of consumer No.8711 from first opposite party to complainant.

Witness examined on the side of the opposite parties : Nil

Documents marked on the side of the opposite parties : Ext.B1 to B8

Ext.B1 : Photo copy of the site mahazar dated, 23-9-2008 prepared by

Vinodkumar.K. Sub Engineer, Electrical Section, Chattipparamba.

Ext.B2 : Photo copy of the consent letter.

Ext.B3 : Photo copy of the letter dated, 14-10-2008 by first opposite party to complainant.

Ext.B4 : Photo copy of the request dated, 16-10-2008 from complainant to

first opposite party.

Ext.B5 : Photo copy of the letter dated, 28-10-2008 by first opposite party to complainant.

Ext.B6 : Photo copy of the proceedings by first opposite party to complainant.

Ext.B7 : Photo copy of the Demand and disconnection notice dated, 04-11-2008 for Rs.43,998/- of consumer No.8711

Ext.B8 : Photo copy of the Disconnection notice dated, 01-01-2009 for Rs.43,998/- from first opposite party to complainant.

Sd/-

C.S. SULEKHA BEEVI, PRESIDENT

Sd/-

MOHAMMED MUSTAFA KOOTHRADAN, Sd/-

MEMBER E. AYISHAKUTTY, MEMBER