By Smt. C.S. Sulekha Beevi, President,<br /> <br /> 1. Complainant has availed electricity connection for agricultural purpose from opposite party and his consumer number is 2174. According to complainant the energy meter became faulty within a few months after obtaining connection in 1987. Even after repeated requests opposite party has failed to replace the meter. Even though meter was faulty opposite party issued bimonthly regular bills. Complainant remitted all bills till date fearing disconnection. Complainant prays for (i) replacement of faulty meter (ii) to cancel all the bills issued till date (iii) to refund the excess charge collected (iv) to provide 3 phase connection (v) for compensation of Rs.20,000-/- towards mental agony and (vi) cost of Rs.5000/-.<br /> <br /> 2. Opposite parties have filed joint version admitting that complainant is a consumer of electricity for agricultural purpose. That complainant is using 1½ H.P. Motor pump and if water is pumped for two hours per day the consumption will be 2.4 units per day. That bimonthly bills were issued only for 120 units which is less. That faulty meter was replaced on 11-10-2003. No excess amount has been collected and there is no deficiency in service.<br /> 3. Evidence consists of affidavit filed by complainant and Exts.A1 to A3 marked on his behalf. Opposite party has not filed affidavit. Ext.B1 marked on the side of opposite party. Due to vacancy in the post of President in 2003, there was no sitting of Forum for a long time. This case first came up before us on 07-8-2007 and was finally heard on 14-02-2008. Points that arise for consideration (i) Whether opposite party is deficient in Service (ii) Reliefs and costs.<br /> 4. Point (i):- At the time of hearing it was submitted on the side of complainant that he has received 3 phase connection and the prayer is not pressed. Further on 14-02-2008 complainant submitted that the faulty meter was replaced on 11-10-2003 and therefore this relief is satisfied. Complainant opted to proceed with the complaint claiming cancellation of all bills from 1987 to 2003 and to refund excess charges collected which is approximately Rs.6000/-. This complaint is filed on 30-4-2003. Opposite party has replaced the meter only on 11-10-2003. Ext.A3 is the letter issued to opposite party on 21-01-2003 by complainant requesting to replace faulty meter. Opposite party has opted to remain in bureaucratic slumber for several years by not replacing the faulty meter. During the period when meter was faulty the bimonthly bills were issued basing upon surmises. Opposite party has no right to cllect charges without any proper and accurate meter. Complainant has established and proved a case in his favour. We hold the act of opposite party in not replacing the faulty meter and collecting charges not basing upon actual consumption of energy amounts to deficiency in service.<br /> <br /> 5.Point No.(ii):- Complainant prays for cancellation of all bills from 20 years back. Admittedly<br /> the bills have been paid by complainant, and therefore requests for refund of an approximate amount of Rs.6000/- No evidence is adduced by complainant as to what is the variation in consumption of electricity after replacement of meter. For the above reasons we consider that awarding compensation would serve justice to the complainant. In our view the act of opposite party in not providing prompt and adequate service to the complainant, by replacing the faulty meter within reasonable time has to be condemned. Particularly for the reason that this electric connection is availed for agricultural purpose. The low tariff for agricultural connection is intended to give relief to farmers and promote agriculture. We hold that an amount of Rs.5000/- as compensation would serve justice to the complainant.<br /> <br /> 6. In the result, complaint allowed. Opposite parties are ordered to pay a sum of Rs.5000/- (Rupees five thousand only) to the complainant along with costs of Rs.750/- (Rupees Seven hundred and fifty only) within three weeks from the date of receipt of copy of this order. Opposite party No.2 is at liberty to realise the amount from the officer concerned who has derilicted his duty.<br /> <br /> Dated this 6th 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 /> 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 A3<br /> Ext.A1 : Demand and Disconnection notice with remitted receipts (10 Nos.)<br /> Ext.A2 : Provisional Invoice Card relating to consumer No.2174C.<br /> Ext.A3 : Photo copy of the registered request dated, 25-1-2003 sent by <br /> complainant to opposite party.<br /> Witness examined on the side of the opposite parties : Nil<br /> Documents marked on the side of the opposite parties : Ext.B1<br /> Ext.B1 : Photo copy of the Meter reading extract relating to consumer No.2174C. <br /> <br /> <br /> <br /> <br /> <br /> C.S. SULEKHA BEEVI, PRESIDENT<br /> <br /> <br /> <br /> <br /> <br /> E. AYISHAKUTTY, MEMBER<br />