By Smt. C.S. Sulekha Beevi, President,<br /> <br /> 1. According to the complainant he is the present consumer of the electricity connection No.A-177. Eventhough he preferred application to opposite party for the transfer of the consumer number to his name from the previous owner, it is not transferred. Further challenges the adjustment bill dated, 8-12-2000 for Rs.1980/- issued by opposite party. This amount has been remitted by the complainant by instalments. Complainant has been regularly paying the bills. The meter is faulty and opposite parties have not replaced the meter even after repeated requests. He prays for direction to opposite party to replace defective meter and cancel the bills issued after 8-12-2000; also for compensation and costs.<br /> <br /> 2. Opposite party has filed version that the electric connection is registered in the name of Sri.K.N.C.K. Thangal and presently complainant is using this connection. Complainant has not applied for change of ownership even after instructions given by field staff. From 6-5-1997 to 3-12-1997 the energy meter was faulty. The meter was changed on 4-1-1998. On verification of the meter reading and consumption pattern it was revealed that even this replaced meter was not working properly from the date of installation itself. That the reason cannot be ascertained at present. That meter was sticky for some period. Opposite party is ready to replace the meter and issue revised bill.<br /> <br /> 3. Evidence in this case consists of the affidavit filed by complainant and Exts.A1 to A4 marked. On behalf of opposite party Exts.B1 to B3 marked and no affidavit was filed. Due to vacancy in the post of President in 2003, there was no sitting of the Forum for a long time. This case came up first before us on 7-8-2007 and was finally heard on 4-12-2007.<br /> <br /> 4. It is admitted by opposite party that meter was faulty from 6-5-1997 to 3-12-1997. The meter was replaced on 14-1-1998. Ext.B1 is the meter reading register which also proves that meter is faulty. Complainant has affirmed that even after repeated requests the defective meter was not replaced. Opposite party is entitled to collect charges only for the actual energy consumed. So they are duty bound to maintain the meter in proper working condition. Opposite party does not have a case that complainant was not paying bills regularly. Since opposite party failed to provide a meter functioning properly they are not entitled to claim any additional amount basing upon surmises. Ext.A1 is the adjustment bill for Rs.1980/- dated, 8-12-2000. Complainant has remitted this amount by instalments as per Ext.A4. The last instalment was paid on 29-7-2001. This complaint is filed on 26-4-2003. Affidavit is filed on 24-11-2007. Till now opposite party has not replaced the defective meter and complainant prays for the same. We hold that there is gross deficiency in service on the part of opposite party in act replacing the meter even after lapse of so many years.<br /> <br /> 5. In the result, complaint is allowed, and we order that all the bills issued after 8-12-2000 are cancelled. Opposite party is ordered to replace the defective meter and issue revised bills for the period 12/2000 till date as per the tariff prevailing during the respective period. While issuing revised bill opposite party shall give deduction of the amounts that has already been paid by the complainant. We further direct opposite party to transfer the consumer connection in the name of complainant on receiving proper application and requisite fee if any within three weeks from the date of receipt of copy of this order.<br /> <br /> Dated this 18th day of December, 2007.<br /> <br /> <br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> <br /> K.T.SIDHIQ, MEMBER<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> APPENDIX<br /> <br /> <br /> Witness examined on the side of the complainant : Nil <br /> Documents marked on the side of the complainant : Ext.A1 to A4<br /> Ext.A1 : Adjustment invoice dated,8-12-2000 for Rs.1980/-.<br /> Ext.A2 : Demand and disconnection notice dated, 23-3-2001<br /> relating to consumer No.A-177 for Rs.157/-<br /> Ext.A3 : Demand and disconnection notice dated, 29-3-2000<br /> relating to consumer No.A-177 for Rs.2058/-<br /> Ext.A4 : Order for instalment dated, 21-12-2000 by opposite party to <br /> Consumer No.A-177.<br /> Witness examined on the side of the opposite parties : Nil<br /> Documents marked on the side of the opposite parties : Ext.B1 to B3<br /> Ext.B1 : Meter reading register relating to consumer No.A-177<br /> <br /> Ext.B2 : Photo copy of the Demand and disconnection notice dated, <br /> 29-3-2000 relating to consumer No.A-177 for Rs.2058/-<br /> Ext.B3 : Photo copy of the Demand and disconnection notice dated, <br /> 27-9-2000 relating to consumer No.A-177 for Rs.518/-<br /> <br /> <br /> <br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> <br /> K.T.SIDHIQ, MEMBER<br />