By Smt. C.S. Sulekha Beevi, President,<br /> <br /> <br /> 1. Complainant challenges the additional bill issued by opposite party for Rs.3,13,409/- dated, 22-10-01. Complainant prays for cancellation of bill, compensation and refund of the amount remitted towards the disputed bill.<br /> <br /> 2.Opposite party filed version stating that the bill was issued for the unauthorised additional load<br /> <br /> connected by complainant. The sanctioned load to this consumer number is 35KW. On inspection conducted on 15-9-01 by Anti Power Theft Squad, Regional unit, Kozhikkode it was found that an extent of 41KW was connected in addition to 35KW. Based on this a reassessment was made for the previous six months prior to inspection. The penal bill is issued as per clause 42(d) of Conditions of electricity Supply. On 29-9-01 complainant made an application to regularise 43KW of unauthorised load. Thus the bill is issued as per rules and complainant is liable to pay the same.<br /> <br /> 3. Evidence consists of affidavits filed by both sides. Exts.A1 to A5 marked on behalf of complainant. Exts.B1 to B3 marked on the side of opposite party<br /> <br /> 4. According to complainant the bill issued for Rs.3,13,409/- dated, 22-10-01 is illegal and without basis. Ext.A1 is the disputed bill. Even though complainant challenges the bill, apart from the affidavit which reiterates the averments in complaint no evidence is adduced to support the contention of complainant. Ext.B1 is the photo copy of Anti Power Theft Squad report. Ext.B3 is the photo copy of site mahazar. Ext.B1 and B2 amply proves the version of opposite party that, complainant had connected unauthorised load. Further complainant admits applying for regularising the unauthorised additional load. From the evidence and materials on record we have no dispute in holding that Ext.A1 bill was issued with proper basis. On going through the assessment we find that opposite party has imposed penalty three times on fixed charge and two times on current charges. As per the Board's orders No.1292/02 dated, 18-9-02 and No.46/03 dated, 15-1-2003 the method of penalisation has been amended. It was amended on the view that no theft or willful act of illegal abstraction of energy which<br /> <br /> <br /> <br /> is a cognizable offence under law is involved in such cases where consumed energy is metered. By the amendments Board has brought down the rate of penalty. We hold complainant is entitled to the benefits of this amendment. Thus issuance of a revised bill imposing penalty as per the above orders of the Board for same period of assessment would serve justice to the complainant.<br /> <br /> 5. In the result, complaint partly allowed. We order Ext.A1 bill for Rs.3,13,409/- dated, 22-10-01 is cancelled. Opposite party is ordered to issue revised bill imposing penalty twice the rate of fixed charges per KW of additional load per month for the period of six months prior to inspection. Any amount already remitted by complainant towards Ext.A1 bill shall be adjusted towards future bills by opposite party. The time limit for compliance of the order is fixed as two months from the date of order. There is no order as to costs.<br /> <br /> Dated this 12th day of March, 2008.<br /> <br /> <br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> <br /> <br /> E. AYISHAKUTTY, MEMBER<br /> <br /> <br /> <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 A5<br /> Ext.A1 : Demand Notice cum disconnection notice for Rs.3,13,409/-<br /> dated, 22-5-2001 issued by opposite party to complainant.<br /> Ext.A2 : Receipt for Rs.1,00,000/- dated, 27-10-01 from opposite party<br /> to complainant.<br /> Ext.A3 : Receipt for Rs.57,628/- dated, 26-11-01 from opposite party<br /> to complainant.<br /> Ext.A4 : Receipt for Rs.54,417/- dated, 26-12-02 from opposite party<br /> to complainant. <br /> Ext.A5 : Receipt for Rs.55.484/- dated, 28-01-02 from opposite party<br /> to complainant.<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 : Photo copy of Anti Power Theft Squad report dated, 15-9-01.<br /> Ext.B2 : Photo copy of Anti Power Theft Squad Assessment dated, 15-9-01.<br /> Ext.B3 : Photo copy of site mahazar dated, 15-9-01.<br /> <br /> <br /> <br /> <br /> <br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> <br /> <br /> E. AYISHAKUTTY, MEMBER<br />