By Sri. K. Gheevarghses, President:<br /> <br /> The complaint filed under section 12 of the Consumer Protection Act.<br /> <br /> <br /> The gist of the complaint is as follows:<br /> <br /> The complainant got an electric connection on 22.7.1992 under priority scheme of the handicapped with single phase capacity 10-20 from Electrical Major section Vythiri. Initially the consumption categorised under tariff 1 A in the energy charge of Rs. 35.50/- month. Later the energy charge was increased and the complainant remitted Rs. 43/- per month. In 1999 the 1st Opposite Party demanded from the Complainant Rs. 876/- issuing the additional bill. The Complainant submitted a representation and that the meter was faulty and creepy. How ever the amount charged towards the consumption of energy was remitted by the complainant. After adoption of spot billing system bimonthly spot bills were issued. On 21.6.2000 a spot bill of Rs. 86/- was given to the Complainant in the bill itself, it is remarks that the meter creeping. The bill dated 16.2.2002 demanded from the Complainant an additional amount of Rs.2,587/- as <br /> arrears. The Complainant remitted all the bill amount prior to the bill dated 16.2.2002. Subsequently the opposite party gave bills to the Complainant dated 12.4.2002, 14.6.2002 and 13.8.2002 with amount of Rs. 453/-, 302/- and 207 respectively. The Opposite Party intimated the complainant to remit Rs. 2,587/- in contrary the connection is informed to the dismantled.<br /> <br /> 2. The Complainant gave an application to get the bill amount to be paid in installments and an another request was also given to the officials of electricity to substitute the faulty meter with a good one. The Complainant could not remit lamp-sum amount of Rs.2,587/- as demanded by the Opposite Party in the way of arrear amount following that the electric supply was disconnected. Mean while after representation of the Complainant, the Complainant was asked to pay Rs.354/- by the KSEB, Circle Office and the same was remitted on 20.9.2002. On 30.9.2002 the Opposite Party substituted the faulty meter with a new meter. The reading on <br /> the meter was 3969. The Complainant was issued two other bills No. F 378932 of Rs.79/- and B 601347 of Rs.86/- and in which Complainant remitted Rs.79/-. On 16.11.2002 an another notice demanding to pay 3,549/- with an interest at the rate of 24% was issued to the Complainant. It was also informed that in non payment of it the supply will be disconnected. The exorbitant amount demanded by the Opposite Party based on the reading of the faulty meter is a deficiency in service. There may be an order directing the Opposite Party .<br /> <br /> 1.Not to disconnect the electric connection.<br /> 2.Compensated for the exorbitant bill and towards financial physical and mental agony of the Complainant Rs.25,000/- is to be given as compensation.<br /> <br /> 3. The Opposite Party filed version on their appearance the sum up of the versions are as follows. The Consumer Forums have no competence in dealing with the case detail in <br /> electricity matter such as electric line drawing and bills disposing and the complaint is not maintainable and it is to be dismissed in limine. <br /> <br /> 4. The connection given to the complainant was out of turn priority for domestic purpose. There was no complaint from the Complainant regarding the faulty meter till 4/2002. The spot billing system resumed with effect from 5/2000. The cut reading of every consumers were taken during 4/2000 and 5/2000. In pursuance of the cut of reading an additional bill was given to the Complainant for Rs.2,587/- towards the charge of excess consumption of the energy than quota alloted. Bimonthly spot bills was subsequently given. The bill amount were paid by the Complainant at 2/2002 at the same time Rs.2,587/- the amount in the additional bill kept unpaid following which a disconnection notice was demanding the payment of amount on application of the Complainant inspection of the meter was done and it found slightly creeping on the basis of this report. The spot bills issued 4/2002, 6/2002 and 8/2002 were revised and that were cleared by the consumer. The meter was also replaced.<br /> <br /> 5. The Complainant was issued notice to appear for the adalath to settle the dispute instead of attending in adalath the Complainant filed petition. A decision disputed bill of Rs.2,587/- could not be taken immediately as it is a case about 3 years back. The consumer was not ready to responding the adalath and settle the dispute. A decision on the disputed bill can be taken only after observing the reading of the consumer. There is no cause of action to file this petition. The complaint is to be dismissed with cost to the Opposite Party.<br /> <br /> 6. Points in considerations are:<br /> 1. Is there any deficiency in service.<br /> 2. Relief and cost.<br /> <br /> 7. Point No.1:- The Complainant filed proof affidavit and Ext. A1 to A36 are marked. The Opposite Party is examined as OPW1. The case of the Complainant is that the bill issued on electricity charge was not based on correct recording energy unit. Till the period of spot billing the electricity charge levied upon the Complainant was based on the recording of the meter. The Complainant was demanded to pay the current bill how ever the meter found to be creeping and it was recorded in the bill issued. The bill dated 17.4.2002 of Rs. 2,587/- with 24% interest is not correct and based on the consumption of energy. The application given by the Complainant to replace faulty meter was not considered but the bills issued for an exorbitant amount has been continued. The unauthorized and exorbitant amount demanded by the Opposite Party from the complainant is to be based upon actual consumption of electrical energy. The Opposite Party admitted that the bill amount of Rs. 2,587/- is given to the complainant in the way of additional bill. On the application of the Complainant an enquiry was conducted and found the meter slightly creeping. The bill issued by the Opposite Party in 6/2000, 8/2000, 12/2000, 2/2000, 2/2001 are recorded as creeping in the bill itself. The photo copy of the additional bill dated 17.4.2002 in which the Complainant is demanded to give Rs.2,587/-. Ext.A23 bill dated 24.10.2000 also shows that the meter is creeping. It is also admitted by the Opposite Party that the meter which was in use by the Complainant till replacing of the new one was creeping and hence it was substituted by a new meter which in good working conditions as recorded. The notice dated 16.11.2002 demanded from the Complainant Rs.3,549/- which is the Ext.A5. It is to be considered that the recording of the meter on the consumption of energy is not accurate being the meter was creeping. After the installation of the new meter the recording of energy would be proper and correct. According to the Opposite Party in 6/2002 the new meter was replaced. The bill following that in 8/2002 the consumption of energy is 150 unit and the amount demanded is Rs.207/- on verification of the bills issued prior to the additional bill of 17.4.2002 is recorded as the meter creeping and the recording of energy consumption is not <br /> accurate and proper. The Opposite Party demanded from the Complainant the amount towards the consumption of electric energy based on the recording of the meter which was faulty and creeping. The additional bills demanding Rs.2,587/- up to 2002 and Rs.3,549/- as per the disconnection notice dated 16.11.2002 is resulted by the recording of a creeping meter. The issuance of the electricity bills based on the recording of the faulty meter is a deficiency on the part of the Opposite Party. The point No.1 is found accordingly.<br /> <br /> 8. Point No.2:- The Complainant is given disconnection and dismantling notice on 17.4.2002 for Rs.2,587/-. An another disconnection notice in which Rs.3,549/- is demanded. Both the additional bills served on the complainant are during the period when the meter was creeping. These additional bills issued to the Complainant is quashed the Opposite Party is responsible for not replacing the faulty meter in time. But it was not replaced with a new one instead the demand notices were issued to the Complainant with an endorsement in the bills the “meter creeping”. The notice of disconnection and dismantling non payment of current charges dated 17.4.2002 and the disconnection notice dated 16.11.2002 are against reasons and cannot be treated as correct one. <br /> <br /> In the result, the complaint is partly allowed. The dismantling and disconnection notice dated 17.4.2002 of Rs.2,587/- and 16.11.2002 of Rs.3,549/- are quashed. The Complainant is also entitled for the cost of Rs.500/- (Rupees Five hundred only. The Opposite Party is directed to comply with this order within one month from the date of this order.<br /> <br /> Pronounced in open Forum on this the 28 day of July 2008.<br /> <br /> PRESIDENT: Sd/-<br /> <br /> <br /> MEMBER- I: Sd/-<br /> <br /> <br /> MEMBER-II: Sd/-<br /> <br /> <br /> <br /> <br /> <br /> <br /> APPENDIX<br /> <br /> Witnesses for the Complainant:<br /> <br /> PW1. V. Muhammed Complainant.<br /> <br /> Witnesses for the Opposite Parties:<br /> <br /> OPW1. K.S. Sadanandan Asst. Executive Engineer.<br /> <br /> Exhibits for the Complainant:<br /> <br /> A1. Premises Meter Card. <br /> A2. Provisional Invoice Card.<br /> A3. Provisional Invoice Card.<br /> A4. Photo Copy of the Letter. dt:29.12.99.<br /> A5. Demand & Disconnection Notice. dt:21.6.2000.<br /> A6. Demand & Disconnection Notice dt:8.8.2000.<br /> A7. Demand & Disconnection Notice dt: 11.12.2000.<br /> A8. Demand & Disconnection Notice dt: 13.2.2001.<br /> A9. Demand & Disconnection Notice dt:11.4.2001.<br /> A10. Demand & Disconnection Notice dt:10.6.2001.<br /> A11. Demand & Disconnection Notice dt:17.8.2001.<br /> A12. Demand & Disconnection Notice dt:16.10.2001.<br /> A13. Demand & Disconnection Notice dt:14.12.01.<br /> A14. Demand & Disconnection Notice dt:16.2.01.<br /> A15. Demand & Disconnection Notice dt: 12.4.02.<br /> A16. Demand & Disconnection Notice dt:14.6.02.<br /> A17. Demand & Disconnection Notice dt:13.8.02.<br /> A18. Copy of the Notice. dt:17.4.02.<br /> A19. Bill.<br /> A20. Letter. dt:25.9.02.<br /> A21. Slip (good meter). <br /> A22. Demand & Disconnection Notice dt:17.10.02.<br /> A23. Demand & Disconnection Notice dt:17.10.02.<br /> A24. Bill. <br /> A25 Disconnection Notice. dt:16.11.02<br /> A26 Demand & Disconnection Notice dt:19.2.03.<br /> A27. Receipt.<br /> (Contd.....7)<br /> - 7 -<br /> <br /> A28. Demand & Disconnection Notice dt:29.4.03.<br /> A29. Receipt. <br /> A30. Demand & Disconnection Notice dt:2.7.03.<br /> A31. Receipt.<br /> A32. Demand & Disconnection Notice. dt:15.9.03.<br /> A33. Receipt.<br /> A34. Demand & Disconnection Notice dt:6.11.03.<br /> A35. Receipt. <br /> A36. Bill intimation. dt:11.4.00.<br /> <br /> Exhibits for the Opposite Party:<br /> Nil.<br /> <br />