BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.

Date of filing : 07/03/2012

Date of Order : 27/08/2012

Present :-

Shri. A. Rajesh, President.

Shri. Paul Gomez, Member.

Smt. C.K. Lekhamma, Member.

C.C. No. 132/2012

Between

And

O R D E R

A. Rajesh, President.

1. The facts of the complainant's case leading to this complaint are as follows :-

In 2005, the complainant availed an electric connection to his building under LT-7A tariff. He rented out the building 2005 onwards. On 11-08-2006, the officials of the K.S.E. Board inspected the electricity meter and detected manipulations in it committed by the tenant. Accordingly, the complainant has called upon to pay additional bill and penally to the tune of Rs. 41,837/-. The complainant remitted the said amount. The facts being so on 15-02-2012, the opposite party issued a bill for Rs. 65,533/-. Though the complainant complained against the bill, the opposite parties did not pay any attention towards the same. Thus, the complainant is before us to get the impugned bill set aside and also seeking direction against the opposite parties not to disconnect the electricity connection till disposal of the complaint.

2. The version of the opposite parties is as follows :-

On 09-08-2006, Anti Power Theft Squad attached to the Kerala State Electricity Board carried out a surprise inspection in the premises of the complainant, where theft of electricity was detected. Though the connected load permitted to the said premises was 2 KW, the complainant was using 6 KW without obtaining required permission. Accordingly, assessment bill was issued for a sum of Rs. 41,837/- including the cost of electric meter, which was paid by the complainant. However, the complainant has not chosen to regularise the unauthorised load which was only detected pursuant to a inspection carried out by the Audit team. The 3^rd opposite party was directed to reassess the bill and to issue a short assessment bill. Accordingly, the disputed bill was issued for an amount of Rs. 65,535/- for the period from 10-08-2006 to January 2012. The complainant is legally liable to pay the bill in question.

3. Proof affidavit has been filed by the complainant. Ext. A1 to A4 were marked on his side. Neither oral nor documentary evidence was adduced by the opposite parties. Heard the counsel for the complainant.

4. The points that arose for consideration are as follows :-

1. Whether the complainant is entitled to get an order against the opposite parties not to disconnect the electricity supply to the premises of the complainant?

2. Whether the complainant is entitled to get set aside the impugned bill?

5. Point No. i. :- Before receiving the notice of the complaint, the 3^rd opposite party disconnected the electricity connection of the complainant. At the instance of the complainant vide order in I.A. No. 175/2012 dated 17-03-2012, this Forum directed the opposite parties to resume the supply of electricity to the premises of the complainant. The opposite parties duly complied with the direction.

6. Point No. ii. :- The following facts are not disputed by the parties :-

1. The complainant availed an electricity connection under LT 7A tariff to his commercial building.

2. The APT squad of the Kerala State Electricity Board conducted a surprise inspection on 09-08-2006 at the premises of the complainant and found theft of electricity as well as unauthorised connected load of 4 KW.

3. An assessment bill for Rs. 41,837/- was issued to the complainant and he remitted the amount on 11-08-2006.

4. The opposite parties issued Ext. A2 the impugned bill for Rs. 65,535/- stating that the complainant has not regularised the unauthorised connected load till date.

7. The present attempt of the opposite parties to realise the amount as per Exts. A2 and A3 are unwarranted as per law on the following grounds :-

1. The opposite parties have not produced any evidence to substantiate the contention that the complainant has been using unauthorised connected load of 4 KW.

2. The opposite parties at least ought to have produced the site mahazar prepared by the APT squad on the date of inspection before this Forum.

3. At the threshold, the opposite parties issued a penal bill and the complainant remitted the same without demur which speaks volumes for his willingness to abide by law.

4. The demands as per Exts. A2 and A3 the impugned bills are clearly barred by limitation as per Regulation 18 (8) of the Kerala Electricity Supply Code 2005.

8. In the result, we allow the complaint and order as follows :-

1. We set aside Exts. A2 and A3 bills.

2. The complainant shall take steps post-haste to regularize the unauthorised connected load if any in his electric connection, failing which the opposite parties are at liberty to take appropriate action against the complainant as per law.

Pronounced in the open Forum on this the 27^th day of August 2012

Forwarded/By Order, Sd/- A. Rajesh, President. Sd/- Paul Gomez, Member.

Sd/- C.K. Lekhamma, Member.

Senior Superintendent.

A P P E N D I X

Complainant's Exhibits :-

Opposite party's Exhibits :: Nil

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