Counsel appearing for complainant controverted Ext.B1 and contended that the extension from the agricultural pump to the wire was taken only because opposite party had affixed the electric meter for agricultural connection upon the wall of the house. This argument is not without force. In para 6 of the affidavit opposite party has affirmed that the electric meter of agricultural connection is fixed on the wall of the house. Usually the meter for agricultural connection is fixed in some place near the pump house. Electricity meters are fixed by Electricity Board and not by consumers. It was admitted by the engineer who appeared on the side of opposite party that the electricity meter for domestic and agricultural connections were fixed by Electricity Board. All other electrical wiring works are done by the complainant and completion report has to be submitted before sanction of supply. If the electric meter for agricultural connection is fixed on the wall of the house then complainant has to definitely take an extension from the house to the agricultural motor pump to avail supply to his agricultural motor pump. Opposite parties have unauthorisedly/negligently affixed the agricultural electric meter on the wall of the house. Resultantly complainant has drawn the unauthorised extension from agricultural motor pump to his house. The meter readers under opposite party take the meter readings regularly. Even then no steps have been taken to shift the agricultural meter to it's proper place. In Ext.A1 penalty is imposed for unauthorised extension of 2 KW basing upon LT VIII tariff of temporary extension. The calculation in Ext.A1 is as under:<br /> “Unauthorised extension of 2 KW<br /> Billed under LT VIII<br /> 100 x 3 times x 180 days = Rs.54,000/- “<br /> We find that complainant cannot be penalised for the unauthorised extension which was necessitated due to the unauthorised/negligent act of opposite parties. From the above discussions we find opposite parties deficient in service and that Ext.A1 demand notice is issued without any basis and therefore liable to be set aside.<br /> <br /> 5. It is also the case of opposite party that complainant was using the supply to agricultural connection for domestic purpose, and that this amounts to misuse of electricity. The tariff for domestic connection is higher than that of agricultural connection. In Ext.B1 Site mahazar it is categorically stated that there is one power plug, starter and switch of motor fitted inside the kitchen of the house. Complainant has not denied this. Agricultural connection can be used only for irrigation purposes. Fitting of a power plug to the agricultural connection and that too inside the kitchen of the house definitely indicates the use of agricultural supply for domestic purpose. Apart from this opposite party relies upon Ext.B2 document which are the meter reading statements of both connections. In Ext.B2(b) which is the meter reading for agricultural connection it is seen that the consumption is consistent even during rainy seasons. The evidence tendered by opposite party through affidavit supported by Ext.B1 and B2 proves the case of opposite party that complainant used agricultural supply for domestic purpose to be true and probable. This act of the complainant is violation of Rule 42(d) of the Conditions of Supply of Electrical Energy. As per this provision misuse of energy will be billed three times the rate applicable to the respective tariff for the previous six months from the date of detection of misuse. Complainant is therefore liable to pay penalty for the misuse of agricultural supply for domestic purpose. In Ext.A1 penalty has been imposed taking into consideration L.T.VIII tariff that is applicable to temporary extension. In our view, penalty can be imposed only taking into consideration LT I A tariff that is applicable for domestic connection.<br /> <br /> 6. In the result we partly allow the complaint and order the following:-<br /> (i) Ext.A1 demand notice dated 22-02-03 for Rs.54,000/- is set aside.<br /> (ii) Opposite party shall issue revised penal bill for the same period for the same period for the same load at three times the tariff applicable to domestic connection.<br /> (iii) The amount already paid by the complainant towards Ext.A1 shall be adjusted to the revised penal bill and future regular bills if necessary.<br /> (iv) On payment opposite party shall restore the electric supply to agricultural connection No.1444 of the complainant if not restored earlier.<br /> (v) Opposite party is ordered to shift the electric meter of agricultural connection from the wall of the house to suitable place as per law, on the complainant making an application for the same.<br /> (vi) The time limit for compliance of this order is fixed as one month from the date of receipt of copy of this order.<br /> (vii) We make no order as to costs.<br /> <br /> Dated this 5th day of July, 2008.<br /> <br /> <br /> <br /> Sd/-<br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> <br /> <br /> Sd/-<br /> E. AYISHAKUTTY, MEMBER<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 A9<br /> Ext.A1 : Photo copy of the Demand Notice cum Disconnection notice<br /> for Rs.54,000/- dated, 22-02-03 issued by 2nd opposite party to complainant.<br /> Ext.A2 : Photo copy of the Notice issued by 1st opposite party to complainant.<br /> Ext.A3 : Photo copy of the letter dated, 22-02-03 send by 1st opposite party<br /> to the complainant.<br /> Ext.A4 : Photo copy of the Site Mahazar prepared by Sub Engineer, Electrical<br /> Section, Malappuram.<br /> Ext.A5 : Photo copy of the complaint send by complainant to Electricity Minister.<br /> Ext.A6 : Photo copy of the letter dated, 10-3-2003 send by Deputy Chief Engineer,<br /> Electrical Circle, Manjeri to E.E., Electrical Division, Manjeri.<br /> Ext.A7 : Photo copy of the receipt for Rs.18,000/- from opposite party <br /> to complainant.<br /> Ext.A8 : Photo copy of the Demand & Disconnection Notice for Rs.196/-<br /> dated, 14-01-03 issued by opposite party to complainant<br /> Ext.A9 : Photo copy of the Demand & Disconnection Notice for Rs.67/-<br /> dated, 14-01-03 issued by opposite party 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 and B2<br /> Ext.B1 : Photo copy of the Site Mahazar prepared by Sub Engineer, Electrical<br /> Section, Malappuram.<br /> Ext.B2 : Computer print out of meter reading statement. <br /> <br /> <br /> <br /> <br /> Sd/-<br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> <br /> <br /> Sd/-<br /> E. AYISHAKUTTY, MEMBER<br /> <br /> <br /> <br /> <br />