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

1. Complainant is a consumer for electricity supply for agricultural purpose under opposite party. It is stated that though complainant belonged to the category exempted from paying electricity charges for agricultural connection opposite party issued a notice demanding arrears from 1/99 to 11/2000 for Rs.4,993/-. On enquiry complainant came to understand that since he belonged to exempted category the Krishi Bhavan has paid his current charges till 6/2000. Though complainant protested against the issuance of the above bill opposite party threatened the complainant. That as on act of vengence opposite party collected Rs.386/- on 27-12-2002 vide another bill stating additional load which the complainant did not understand. Later opposite party also issued another bill dated, Nil for Rs.16,123/- alleging unauthorised additional load. That complainant has not consumed such quantity of energy and is not liable to pay these amounts. Hence this complaint praying to set aside the bill for Rs.386/- and also the demand notice for Rs.16,123/-. Complainant further claims compensation of Rs.20,000/- towards mental agony and Rs.3,000/- towards costs.

2. Opposite party filed version admitting that complainant is a consumer of supply for agricultural purpose as consumer No.2998 MPD and for domestic purpose as 2059 MPD. Timely meter readings were taken and bimonthly bills were issued. That opposite party inspected the premises of agricultural connection on 06-9-2002 at 2.15 PM, along with the line man Mr.Muraleedharan of that area. At the time of inspection no pump or meter was found in the pump house. Instead it was found that the electricity supply from the energy meter of agricultural connection was extended to a house in the same plot. This house was not electrified till 19-6-2003. A site mahazar was prepared and since complainant refused to acknowledge by putting his signature the same was send by registered post. The penal bill was assessed for three days since the line man had visited the site three days before the inspection of opposite party. This is the bill dated, 27-9-2002 for Rs.386/-. The complainant was a 'Krishi Bhavan Exempted Consumer' and the energy supplied for agricultural purpose was seen diverted and used for domestic purpose. The charges for agricultural purpose only is exempted and paid by Krishi Bhavan. After paying the penal bill, supply was normalized by removing the additional unauthorised load. Again opposite party inspected the premises on 19-12-2002 at 1.45 P.M.. The condition was similar to that detected during inspection on 06-9-2002. No motor was in position and supply was seen extended to the same house where the son of complainant resides. The twin core cable used for extending the supply and the D.P. Switch power plug assembly was taken as 'thondi'. A site mahazar was prepared and this was signed by Mr.Unnimoyin who is the son of the complainant. A copy of mahazar was served to complainant. The penal bill for Rs.16,123/- was issued as per the provisions of Conditions of Supply of Kerala state Electricity Board. As per Clause 24 of Conditions of Supply (KSEB) if any equipment installed is removed or taken for repair the matter should be intimated tot he board. The complainant did not inform t he removal of pump set of agricultural connection. As per clause 42(d) complainant is bound to pay penal amount for the misuse, additional load etc. The bill issued is proper and correct. Complainant is liable to pay the same.

3. Evidence consists of the affidavits filed by either side in support of their pleadings. Exts.A1 to A5 marked for complainant. Exts.B1 and B2 marked for opposite party.

4. Complainant is aggrieved by the issuance of two penal bills by opposite party. Ext.a2 is the bill for Rs.386/- and Ext.A3 is the bill for Rs.16,123/-.

5. The complaint is resisted by opposite party upon the contention that complainant who belongs to exempted category for agricultural connection had extended this supply unauthorisedly to the house of the complainant. This was first detected during the inspection conducted on 06-9-2002 for which a bill for Rs.386/- was issued assessing penal charges for three days. Later when inspection was conducted on 19-12-2002 it was again found that complainant had extended the agricultural connection to the house of his son which was nearby. Opposite party placed reliance on Ext.B1 series which are two mahazars dated, 06-9-2002 and 19-12-2002 respectively. It is stated in these mahazars that complainant had taken extension from agricultural connection by drawing electric wire under the ground to the house nearby. Though complainant affirmed that these documents are fabricated there is no reliable evidence adduced by complainant to discredit these documents prepared by opposite party as part of their official duty. We hold that these documents are genuine and acceptable. It is established that complainant has misused the energy supplied for agricultural purpose for domestic use. It is also admitted by complainant that the motor of the agricultural connection was not present during the time of inspection. Though complainant contends that the motor was removed and taken for repair the contention of complainant that on both dates of inspection ie., 06-9-2002 and 19-12-2002 the motor was taken out for repair is unbelievable. Complainant has failed to establish a case in her favour. The complainant herein was enjoying the benefit of being exempted from paying electricity charges for agricultural connection. The benefit is floated by the State Government through the Krishi Bhavan. Admittedly Krishi Bhavan has paid the charges upto 6/2000. Agricultural tariff itself the lowest electricity tariff. Other benefits are given to farmers by exempting them from paying charges so as to promote agriculture. The complainant has been cheating the Government as well as the public by misusing such consumer benefits. In our view though this is a fit case for imposing compensatory costs, we refrain from doing so only because complainant is still to pay the penal bills Ext.A2 and A3.

6. In the result we dismiss the complaint.

Dated this 27th day of January, 2009.

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 A5

Ext.A1 : Photo copy of the Notice dated, 06-9-2002 demanding Rs.4,993/-

by opposite party to complainant.

Ext.A2 : Receipt for Rs.386/- from opposite party to complainant.

Ext.A3 : Demand Notice cum Disconnection Notice for Rs.16,123/-

issued by opposite party to complainant.

Ext.A4 : Notice dated, 24-3-2008 for Rs.1,178/- by opposite party to complainant.

Ext.A5 series : Receipts (8 Nos.) from 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 and B2

Ext.B1 : Photo copy of the Site Mahazar dated. 06-9-2002 prepared by

Sri. K.P. Sadhiq Nazeem, Assistant Engineer, Electrical Section,

KSEB., Edavanna

Ext.B2 : Photo copy of the Demand Notice cum Disconnection Notice

for Rs.16,123/- issued by opposite party to complainant.

Sd/-

C.S. SULEKHA BEEVI, PRESIDENT

Sd/-

MOHAMMED MUSTAFA KOOTHRADAN, Sd/-

MEMBER E. AYISHAKUTTY, MEMBER