The complaint filed under section 12 of the Consumer Protection Act.<br /> <br /> The gist of the complaint is as given below.<br /> <br /> The Complainant is a consumer of electric connection with consumer No.1429. The supply of electricity was given to the building having 15 rooms which was not in use because of dilapidated condition. The repair work carried out in the building in 2003 and got completed in the last week of February 2004. The building was let out. During this period the Opposite Party issued an additional bill dated 08.06.2004 for Rs.5,110/- which was termed for the period from 10.11.2003 to 07.05.2004 along with a notice and mahazer. The connection given initially was for domestic purpose. At present the supply of energy included in the commercial tariff. The rooms in the building were given in rent to one Nethivedhi, a service oriented legal firm and one Ajin Agencies, Telephone booth from May 2004. The Complainant is not collecting the rent from “Nethivedhi”. Any how charges levied on energy used included in the commercial category which is admitted to be paid by the Complainant from the first week of march onwards. The tabulation of Opposite Party for a period of 6 months in commercial category is not liable to be paid by the Complainant. More over the amount which had shown in the bill dated 08.06.2004 is incorrect. The Complainant paid the bill towards the current charges for the period from September 2003 to March 2004 is only Rs.545/- the energy charge in the said bill is only Rs.340/-. The amount occurred in the bill dated 08.06.2004 Rs.5,110/- is beyond imagination of the Complainant for the period of September 2003 to March 2004 the Complainant remitted Rs.545/- towards the electricity charges. The bill dated 08.06.2004 of Rs.5,110/- is highly excessive and exorbitant amount. The Complainant is not liable for any cost or compensation. The issuance of the bill for an excessive amount is nothing but meeting the ends of vengeance upon this complainant. The Opposite Party's act absolutely a deficiency in service and there may be an order directing the Opposite Party not to collect the entire amount of Rs.5,110/- as per the bill dated 08.06.2004 which is not legally due and recoverable. The Opposite Party may be directed to collect from the Complainant the electricity charges under commercial category from the first week of march 2004 onwards upon the bill dated, 08.06.2004 and cost of Rs.3,000/- also to be given to the Complainant by the Opposite Party.<br /> <br /> 2. The Opposite Party filed version. The electricity connection to the Consumer No.1429/KBTA under electrical section, Kalpetta to the Complainant is admitted. The connection in the beginning was for domestic purpose and as such it was included in the respective tariff. Upon the inspection by the Opposite Party on 31.5.2004 in the premises made out that the energy was used for commercial tariff unauthorised. The site mahazer was prepared during the course of inspection and it was acknowledged by the Complainant. The notice was served on the consumer with the detail of inspection and demanded Rs.5,110/- in the bill the same was acknowledge by the Complainant on 08.06.2004. The contention of the Complainant that the premises was used for commercial tariff only from the 1st March etc.are absolutely false. The contract of agreement between the Complainant and Opposite Party is breached by diverting the use of energy to commercial purpose. The bill for such a period is charged at 3 times the rate applicable to the respective tariff for the previous 6 months from the date of detection of such misuse as per clause 42(d) of supply of electricity energy. The amount of Rs.5,110/- charged for the said period is calculated in that way. The averment in the complaint that the interest cannot be computed 3 time is baseless as per clause 42(d) of the conditions of supply of electrical energy it is clearly mentioned misuse of energy will be build at 3 time. The rate applicable to the respective tariff the rate includes fixed charge energy charge and duty. The Opposite Party acted only as per the rules in issuing the subjected bill to the consumer. The contention of the Complainant that the act of the Opposite party's are moulded in vengeance are stoutly denied by the Opposite Party. The complaint is not maintainable and there may be a direction to the Complainant to clear the bill.<br /> <br /> 3.The points in consideration are.<br /> 1. Whether the Opposite party has done any deficiency in service?.<br /> 2. Relief and costs.<br /> 4. Points No.1 and 2: The Complainant filed a proof affidavit, the bill dated 8.1.2004 is Ext.A1, an another bill dated 08.03.2004 is Ext.A2. The Opposite Party issued an additional bill to the Complainant dated 08.06.2004 of Rs.5,110/- which is marked as Ext.A3. Ext. A3 is the penal bill for a period of 6 months prior to the inspection. The inspection was carried out on 31.5.2004 the entries in Ext.A3 further shows that the fixed charge for 6 months in 3 times and current charge imposed is at the rate of 3 times. The penal bill is calculated for a period of 6 months prior to the date of inspection. In Kerala State Eletricity Board V/S C. Najeeb and Another the Hon'ble High Court of Kerala held that the Board has no power to charge 3 time as profited under regulation but only at the rate of equal to 1 ½ times. The tariff applicable for a period of 3 months in the case of domestic and agricultural purpose and for a period of 6 months all other categories of service immediately proceeding date of inspection. The Opposite Party is not entitled to charge for the period of 6 months prior to the inspection at the range of 3 times. The Opposite Party is directed to levy the charge for the period of 3 months prior to the date of inspection at the range of 1 ½ times and the Complainant is also entitled to get the amount paid deducted from the payment mode on the bill dated 08.06.2004. <br /> 5. In the result the complaint is partly allowed The Electricity bill dated 8-6-2004 issued to the Complainant is quashed. The opposite party is directed issue the fresh bill of electricity charge. Commencing from 1-3-2004 for a period of three months at the range of 1 ½ times higher than the amount leviable. The order is to be complied with the opposite party within one month from the date of this order.<br /> Pronounced in open Forum on this the 29th day of April 2008.<br /> APPENDIX:<br /> Witness for the complainant:<br /> PW1 M.K. Mathew Complainant.<br /> Witness for the opposite party:<br /> Nil<br /> Exhibits for the complainant:<br /> A1 Bill Dt.8.1. 04<br /> A2 Bill Dt.8.3.04<br /> A3 Penal Bill Dt.8.6.04<br /> Exhibits for the opposite party:<br /> Nil <br /> <br /> Sd/-<br /> PRESIDENT, CDRF, WAYANAD.<br />