<br /> <br /> By R. VIJAYAKUMAR, MEMBER,<br /> <br /> The Complaint is filed to quash the bill No. E 4810000527 dated 20/12/05 for Rs.17,675/- and Bill No. E45810047742 dated 02/01/06 of Rs.1,977/- and compensation and cost.<br /> <br /> The Complainant who is an Ex-service man with Consumer No.4581003555 started Home Stay Scheme in his residence on trial basis for 3 weeks and then discontinued, as it was not profitable. Formerly he was applied to Tourism Department for approval Home Stay Scheme. The opposite parties issued bill No. E4810000527 dated 20/12/05 for RS.17,675/- and Bill No. E4581004742 dated 2/1/06 for Rs.1,977/- . Without any prior intimation opposite party changed Complainant’s Electricity tariff from LTI to LT7A. In the first bill energy charge is calculated for the previous 6 months. The tariff charge and issuance of bills in an excessive rate were illegal. The Complainant approached I opposite party demanding to quash the bills but he refuses and threatened the Complainant saying that non-payment of these bills will result in disconnection. Hence the complainant filed the complaint for getting relief.<br /> <br /> The opposite party filed version-contenting interalia that the Complainant is not maintainable and it may be dismissed. Tariff change is not a Consumer dispute. The building was using only for the staying Tourists. A name board also displayed there. The Complainant himself indicate that he is waiting for approval of Tourism Department. Without the permission of opposite parties Complainant was using energy other than domestic purpose. The spot biller reported the matter to AE, Kundara. He inspected the premises and prepared a Mahasser. Based on the Board Orders, opposite party changed the Tariff to LT7A. All actions taken by the opposite parties are legal and there is no deficiency in service on the part of opposite party. Hence the Complaint is liable to be dismissed. <br /> <br /> The Complainant filed affidavit. Exhibits P1, P1(a), P2, P3 and P4 were marked. The Complainant was examined as Pw1.<br /> <br /> The opposite parties filed affidavit. Exhibits D1 marked. Dw1 was examined.<br /> <br /> The points that would arise for consideration are:<br /> <br /> <br /> 1. Whether the Forum has Jurisdiction to entertain the case.<br /> 2. Whether there is any deficiency in service on the part of opposite party.<br /> 3. Compensation and cost.<br /> <br /> <br /> Point (1)<br /> <br /> The Opposite party submitted that the complaint regarding Tariff change is not a Consumer dispute Forum has no jurisdiction to entertain this case.<br /> <br /> In our view Complainant is a consumer of opposite parties. Illegal billing for consumption and illegal Tariff change resulted in this dispute and the Forum has jurisdiction to entertain this case.<br /> <br /> Points (II) and (II)<br /> <br /> The main contention of opposite party is that energy is misused by the Complainant for Commercial purpose with out any information to the opposite parties. As reported by the Spot Biller The Assistant Engineer checked up and prepared a Mahasser. Only after complying all legal proceedings and formalities the tariff was changed and alleged Bills were issued to the Complainant.<br /> <br /> In the view of Complainant he has used energy only for domestic purpose. No additional connection was taken form the premises to the shed. Home Stay is not included in the Commercial Tariff LT VII A category. Exhibit P4, the extract of Rules regarding LT VII A Tariff, there is no reference about Home Stay Scheme.<br /> <br /> According to the opposite parties the building was totally used for commercial purpose. As per provisions Electricity Board has legal right to charge the Tariff.<br /> <br /> In our view, as per Rules Regulations and circulars, Home Stay is not coming under the purview of Commercial Tariff. DW1 in the deposition stated that there is no reference about Home Stay in LT VII A tariff. In Exhibit P4 circular dated 12/06/01 also there is no mention about Home Stay as a category included in LTVIIA tariff. We are of the opinion that, as there is no provision to include the Home Stay in the commercial category the act of I opposite party is illegal. The opposite parties did not followed legal proceedings of tariff change. They have not given any notice to the Complainant. The opposite party’s act was quite against natural Justice.<br /> <br /> In her deposition Dw1 stated that she cannot say the period in which or up to which the Home Stay was conducted. The spot biller visits the premises every two months for preparing Spot Bill. Only after the cessation of Home Stay, the inspection was conducted. If the Home Stay was conducted for so many months, why the Spot biller fails to report the matter earlier? Report of the Spot biller is not submitted before the Forum. In the Mahasser Assistant Engineer stated that the electric connection to the shed was taken from Consumer No.3555. But in the version it was not stated. Mahasser was not signed by a witness. It raises suspicion that the Mahasser was prepared later for the purpose of this case.<br /> <br /> Dw1 admitted that the amount chargable for authorized use is 1½ times. But exhibit P1 shows that the bill it is charged for 3 times and 6 months. It is evident that the P1 bill is illegal.<br /> <br /> For all that has taken discussed above, we are of the view that there is deficiency in service on the part of opposite party.<br /> <br /> In the result, the Complaint is allowed. The bill E No.E 4810000527 dated 20/12/05 for Rs.17675/- and bill No. E 45810047742 dated 02/01/06 for Rs.1,977/- were quashed by this order.<br /> The opposite party is directed to pay Rs.1,500/-as cost.<br /> <br /> The order is to be complied with within one month of the date of receipt of this order. <br /> <br /> Dated this the 30th September, 2008<br /> <br /> <br /> INDEX<br /> <br /> List of witness for the complainant<br /> PW1 : Simon<br /> Ext. P1: Disputed bill dated 20/12/2005<br /> Ext. P1(a): 2nd bill dated 02/01/2006<br /> Ext. P2: Tariff details<br /> Ext. P3: Circular of KSEB dated 07/05/05<br /> Ext. P4: circular of KSEB dated 12/06/2001<br /> <br /> List of witness for the opposite party.<br /> DW1 : B. Mallika<br /> Ext.D1: Mahasser.<br />