Kerala

Malappuram

OP/02/85

K.YUSUF - Complainant(s)

Versus

ASST.EXECUTIVE ENGINEER,ELECTRICAL MAJOR SECTION - Opp.Party(s)

ABDUL RASHEED OOTHAKKADAN

18 Apr 2008

ORDER


DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
MALAPPURAM
consumer case(CC) No. OP/02/85

K.YUSUF
...........Appellant(s)

Vs.

ASST.EXECUTIVE ENGINEER,ELECTRICAL MAJOR SECTION
SECRETARY,KSEB.
...........Respondent(s)


BEFORE:
1. AYISHAKUTTY. E 2. C.S. SULEKHA BEEVI

Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):




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ORDER

By Smt. C.S. Sulekha Beevi, President 1. Complainant challenges the bill dated, 09-4-2002 for Rs.51,125/- issued by opposite party. 2. Opposite parties filed joint version stating that on 04-4-02 an inspection was conducted y Anti Power Theft Squad and unauthorised load of 4 KW was detected. The bill was issued imposing penalty @ 3 times on fixed charge and two times as current charges for a period of six months as per prevailing rules. Complainant is liable to pay the same. 3. Evidence consists of affidavits filed by both sides. Exts.A1 to A5 marked on the side of complainant. Exts.B1 to B5 marked on behalf of opposite party. 4. According to complainant he was remitting regular current charges. While so opposite party issued additional bill for Rs.51,125/- dated, 09-4-02. Ext.A1 is the disputed bill. Opposite party resists the claim on the ground that on 04-4-02 Anti Power Theft Squad conducted an inspection of the premises. Ext.B2 is the site mahazar prepared at the time of inspection. On inspection it was found that complainant was using 4 KW of unauthorised additional load. Hence assessment was made imposing penalty as per rules. Ext.B5 is the order of Deputy Chief Engineer (Anti Power Theft Squad) dated, 24-4-02 granting complainant installment facility to remit the amount in the bill. Ext.B5 order was passed as per request of complainant. The fact of inspection is totally suppressed in the complaint. Complainant has not adduced any evidence to establish and prove that the bill is not proper. Ext.A5 series are the receipts which show that complainant has already remitted the amount as per the disputed bill. From the evidence tendered and materials on records we are of the view that Ext.A1 bill is proper and legal. We do not find any deficiency of service on the part of opposite party. 5. In the result, complaint dismissed. Dated this 18th day of April, 2008. C.S. SULEKHA BEEVI, PRESIDENT E. AYISHAKUTTY, MEMBER APPENDIX Witness examined on the side of the complainant : Nil Documents marked on the side of the complainant : Ext.A1 to A5 Ext.A1 : Disputed bill for Rs.51,125/- dated, 09-4-02 issued by opposite party relating to consumer No.1669 Ext.A2 : Receipt for Rs.14035/- from opposite party relating to consumer No.1669. Ext.A3 : Demand and disconnection notice for Rs.14035/- by opposite party relating to consumer No.1669. Ext.A4 : Instalment facility notice dated, 29-4-02 by opposite party relating to consumer No.1669. Ext.A5 : Receipt for Rs.6774/- from opposite party relating to consumer No.1669. Witness examined on the side of the opposite parties : Nil Documents marked on the side of the opposite parties : Ext.B1 to B5 Ext.B1 : Photo copy of the related page of Service Connection Register. Ext.B2 : Photo copy of the Site mahazar dated, 04-4-02 prepared by K. Abdul Salam Sub Engineer, Electrical Major Section, Perintalmanna. Ext.B3 : Photo copy of the Board Order No.3225/98/Plg. Com.3639/98) dated, 20-10-1998. Ext.B4 : True Photostat copy of the report of Anti Power Theft Squad. Ext.B5 : Photo copy of the disconnection notice dated, 24-4-02 issued by opposite party to complainant. C.S. SULEKHA BEEVI, PRESIDENT E. AYISHAKUTTY, MEMBER




......................AYISHAKUTTY. E
......................C.S. SULEKHA BEEVI