Smt. C.S. Sulekha Beevi, President,

1. Complainant is the owner of the shop building which was obtained by him by partition of family property. The electricity connection to this building still stands in the name of his deceased father. Complainant used to pay the regular electricity bills and there are no arrears. The last bill for Rs. 148/- was paid on 04-7-2008. The consumption of energy in this building is only two bulbs, two fans and a pump set, for pumping water from the bore well. On 15-7-2008 a lineman from the office of opposite party came and told the complainant that he was using excess energy. This lineman demanded money for not reporting the matter. Complainant refused to pay money. It is stated that due to this he disconnected the supply. Thereafter on 23-7-2008 a penal bill for Rs.6,000/- was issued by Opposite party Complainant alleges that the bill is issued without basis and that he is not liable to pay the same. Hence this complaint.

2. Opposite party filed version submitting that the sanctioned connected load to the building is only 140 watts. But the complainant was using a 1.5 HP (1119 watts) motor pump set for pumping water for a new building which was under construction near to the old shop building. He was thus using unauthorised additional load and amounts to misuse of energy. That the tariff for the sanctioned connected load is VII B. Now his connected load is above 1000 watts and the tariff has to be revised to VII A. On receiving report from the lineman, the Assistant Engineer conducted an inspection of the premises and detected the used of unauthorised load and misuse of energy. The supply was therefore disconnected and the penal bill was issued. That supply can be restored only if complainant submits the new test report and remits additional security deposit and gets the tariff changed. The supply has been presently restored as per interim orders of the Forum. That the bill was issued as per law and regulations and that complainant is liable to pay the same.

3. Evidence consists of the proof affidavit filed by complainant and Ext.A1 to A3 marked for him. Opposite party field counter affidavit and Exts.B1 and B2 marked for opposite party.

4. Complainant challenges the penal bill issued by opposite party dated, 23-7-2008 for Rs.6,000/- which is Ext.A2.

5. It is the case of opposite party that on inspection conducted by the Assistant Engineer on 10-7-2008 unauthorised additional load was detected. Opposite party relied on Ext.B2 which is the site mahazar. It is seen stated in Ext.B2 that a 1.5HP motor pump was used by complainant for pumping water for the use of construction work of his nearby building. On perusal of records it is seen that after inspection opposite party has disconnected the supply and issued Ext.A2 penal bill. Opposite party has not complied with the procedural requirement contemplated in Sec.126 (1)(2) and (4) of the Indian Electricity Act, 2003. As per these provisions the assessing officer has to first provisionally assess the electricity charges payable by the consumer. This order of provisional assessment has to be served on the consumer and the consumer is entitled to file objections if any against the provisional assessment. The officer has to then give a reasonable opportunity to the consumer to be heard. Only then can a final order of assessment be passed. In the present case no provisional order was passed and the consumer was not given any time to file objections or for hearing. His supply was disconnected and a penal bill demanding payment was served upon him. The provisions in the above section is mandatory. In our view these procedures have to be strictly followed by the assessing officer since it intends to protect consumers. It safeguards consumers from arbitrary and high handed actions of officers. The bill issued without complying the provisions of law is illegal and liable to be set aside.

6. It is held by Hon'ble National Commission in Hariyana Bijili Vitran Nigam Ltd. Vs. MeghRaj and others R.P.No.3544/07 decided on 11-9-2008 that it is necessary to follow the entire procedure contemplated in Sec.126 before passing a final order.

7. From the above discussions we are able to find that Ext.A2 bill is vitiated by the non-compliance of mandatory provisions of law. Issuing such a bill violating the provisions of law is illegal and amounts to deficiency in service. We find opposite party deficient in service. Complainant prays for cancellation of Ext.A2 bill, restoration of supply and for compensation of Rs.10,000/- towards deficiency and Rs.30,000/- towards mental agony and hardship. In our view cancellation of Ext.A2 bill would be adequate relief to the complainant Supply has already been restored as per interim orders. Any payment made by complainant towards Ext.A2 bill shall be adjusted to the future electricity bills of any electricity connection owned by the complainant.

8. In the result, we partly allow the complaint and order that Ext.A2 bill for Rs.6,000/- dated, 23-7-2008 stands cancelled. Opposite party is directed to adjust the payment if any made by complainant towards Ext.A2 bill to the future electricity bills of any electricity connection owned by him as requested by complainant. We make no order as to costs.

Dated this 19th day of October, 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 A3

Ext.A1 : Demand and Disconnection notice dated, 02-7-2008 for Rs.148/-

issued by opposite party to complainant.

Ext.A2 : Demand and Disconnection notice dated, 23-7-2008 for Rs.6,000/-

issued by opposite party to complainant.

Ext.A3 : Photo copy of the receipt dated, 04-7-2008 for Rs.148/- 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 Meter reading register in respect of complainant.

Ext.B2 : Photo copy of the site mahazar dated, 10-7-2008 prepared by Sunil,

Oversear, Electrical Section, Edappal.

Sd/-

C.S. SULEKHA BEEVI, PRESIDENT

Sd/-

MOHAMMED MUSTAFA KOOTHRADAN, Sd/-

MEMBER E. AYISHAKUTTY, MEMBER