DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,KOZHIKODE

PRESENT: Sri. P.C. PAULACHEN, M.Com, LLB: PRESIDENT

Smt. PRIYA.S, BAL, LLB, MBA (HRM) :  MEMBER

Sri.V. BALAKRISHNAN, M Tech, MBA, LL.B, FIE: MEMBER

Friday 29^th day of December 2023

CC.154/2017

Complainant

Vijayan. M,

Kuttumetal Industries,

Chembra road,

Madathil House,

Perambra (P.O),

Kozhikode - 673525

Opposite Party

Assistant Executive Engineer,

Electrical Section KSEB,

Perambra South (PO),

Kozhikode -673525.

                   ( By Adv. Sri. V.V. Sivadasan)

                                                   ORDER

By Sri. P.C. PAULACHEN  – PRESIDENT

            This is a complaint filed under Section 12 of the Consumer Protection Act, 1986.

2.  The case of the complainant, in brief, is as follows:

The complainant is running a small scale industry in ward No. 12 of Perambra grama panchayath and the income derived therefrom is his only source of livelihood. Trees standing in the adjacent property had fallen down on the building and the electrical equipments of his unit. Though he had intimated the same to the KSEB authorities, they did not visit the spot or take any steps. Usually the electricity bill of the unit was below Rs. 300/-. But during the last month, the bill amount was Rs. 7,191/-. He had intimated about the excessive bill to the KSEB authorities. Hence the complaint to direct the KSEB authorities to reduce the excessive bill amount.

3. The opposite party has resisted the complaint by filing written version. According to the opposite party, the complainant has taken an industrial connection to his industrial unit as Consumer No. 1166165023159. On 11/08/2016 the opposite party had received a complaint from the complainant. It was the first complaint received from the above consumer. On 12/08/2016 the engineer went to the spot and inspected the industrial unit. On the basis of the inspection report, a letter was issued to the complainant on 18/8/2016. In fact, no intimation was given to the opposite party regarding the alleged fall of the trees and the consequent damage to the electrical equipments in the industrial unit of the complainant. The main switch was burned and this came to the notice of the opposite party at the time of inspection on 12/8/2016. Because of the over flow of the electricity, the electrical metre was not working properly and the metre reading showed excessive use of electricity. The opposite party rectified the defects up to the electrical metre of the consumer and he was instructed to replace the defective main switch and the related panel board wiring etc. There was no deficiency of service on the part of the opposite party. With the above contentions, the opposite party prays for dismissal of the complaint.
4. The points that arise for determination in this complaint are:
   1. Whether there was any deficiency of service on the part of the opposite party, as alleged?
   2. Reliefs and costs.
5. Evidence consists of the oral evidence of PW1 and Exts A1 to A6 on the side of the complainant. The opposite party filed affidavit. The complainant did not avail the opportunity to cross examine the opposite party. Exts B1 and B2 were marked.
6.  Heard.
7. Point No.1:  The complainant is running a small-scale industry which is his sole means of livelihood. There is electric connection to his industrial unit provided by the KSEB. The grievance of the complainant is that the trees standing in the adjacent property fell on the building and the electrical equipments of his industrial unit causing damage. The grievance of the complainant is that despite giving intimation, the KSEB officials failed to inspect the spot and do the needful. Another grievance projected in the complaint is that an excessive bill amounting to Rs. 7,191/- was issued to him.  The prayer is to direct the KSEB officials to reduce the bill amount.  
8. In order to substantiate his case, the complainant got himself examined as PW1. PW1 has filed proof affidavit and deposed in terms of the averments in the complaint and in support of the claim.   Exts A1 to A4 are the   copies of the demand and disconnection notice issued by the KSEB, Ext A5 is the copy of the notice dated 1/06/2017 and Ext A6  is the instalment plan issued by the KSEB.
9. The case advanced by the opposite party is that there were no latches or deficiency of service on their part. According to them, they have inspected the spot and rectified the defect in the electric line as and when reported and the latches were on the part of the complainant himself as he failed to take steps to replace the main switch and the connected panel wiring etc., despite instructions given. The opposite party has filed proof affidavit supporting and reiterating the contentions in the version, but the complainant did not cross examine the opposite party. Ext B1 is the copy of the letter dated 18/8/2016 issued to the complainant by the opposite party and Ext B2 is the copy of the complaint register maintained by the opposite party.
10. At the very outset, it may be noted that the complainant has not disclosed the date on which trees had fallen and caused damage to the building and electrical equipments of his industrial unit. The complaint as well as the proof affidavit is silent on this aspect. It has come out in evidence that on 4/7/2016 a complaint was reported in the electricity office, pursuant to which, the KSEB officials inspected the spot and rectified the defect in the service wire on the same day itself. This is admitted by PW1 in the cross examination. This is further evidenced by Ext B2 copy of the complaint register. So, there is no basis for the allegation that the KSEB officials did not attend his complaint.
11. Further it is in evidence that pursuant to the complaint dated 11/8/2016 lodged by the complainant regarding metre reading, on 12/08/2016 the KSEB officials inspected the unit and found that the main switch is burned and damaged and there was earth leakage and over flow of electricity and that was the reason for the excessive bill. The KSEB officials further directed the complainant to take steps to repair the main switch and connected panel board wiring and other equipments. Ext B1 letter was issued to the complainant on 18/8/2016 stating the above facts and directing him to take appropriate steps. The receipt of the copy of the letter is acknowledged by the complainant in Ext B1 itself. Ext B1 is admitted by PW1 in the cross examination.  
12. The KSEB authorities have rectified the defects up to the electrical metre place and it was the duty of the complainant to take steps to repair/replace the electrical installations that have become defective. Without doing so, the complainant cannot blame the KSEB authorities for the excess bill. However, it has come out in evidence that the opposite party has allowed instalment facility for remitting the bill.
13. To sum up, it can be seen that the KSEB authorities had attended to the complaints whenever raised by the complainant and also had suggested remedial measures. That being the position, no deficiency of service can be attributed against the opposite party.  In a consumer case, the onus to prove deficiency of service is on the complainant. Without proof of deficiency, the opposite party cannot be held liable. In the instant case, there is no proof of any deficiency of service on the part of the opposite party and consequently the complaint must fail.
14. Point No.2: In view of the finding on the above point, the complainant is not entitled to claim and get any relief as prayed for.

In the result, the complaint is dismissed.However, no order as to costs.

Pronounced in open Commission on this, the 29^th day of December, 2023.

Date of Filing:  21/04/2017

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                                  PRESIDENT                                           MEMBER                                              MEMBER

APPENDIX

Exhibits for the Complainant :

Ext A1 -  Copy of the demand and disconnection notice issued by the KSEB.

Ext A2 -  Copy of the demand and disconnection notice issued by the KSEB.

Ext A3 -  Copy of the demand and disconnection notice issued by the KSEB.

Ext A4 -  Copy of the demand and disconnection notice issued by the KSEB.

Ext A5 -  Copy of the notice dated 01/06/2017.

Ext A6 –  Instalment plan issued by the KSEB.

Exhibits for the Opposite Party

Ext B1 – Copy of the letter dated 18/8/2016 issued to the complainant by the

                opposite party .

Ext B2  - Copy of the complaint register maintained by the opposite party.

Witnesses for the Complainant

PW1 -     Vijayan. M (Complainant)

Witnesses for the opposite party

 Nil

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                                        PRESIDENT                                                  MEMBER                                       MEMBER

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