KERALA STATE CONSUMENR DISPUES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM APPEAL NO.703/04 JUDGMENT DATED.21.08.08 PRESENT:- SRI.S.CHANDRA MOHAN NAIR : MEMBER 1.The Secretary, KSEB, Vydyuthi Bhavanam, Pattom, Trivandum. : APPELLANTS 2. The Asst.Ex.Engineer, Electrical Circle, Kollam (By Adv.B.Sakthidharan Nair) Vs G.Somasundaram, Darsanam, Mayyanad Cherry, : RESPONDENT Mayyanad Village, Kollam. JUDGMENT SRI.S.CHANDRA MOHAN NAIR : MEMBER The opposite parties in OP.No.72/03 of CDRF, Kollam are under orders to cancel Ext.P3 demand notice dated.25.1.03 and issue fresh bill taking the average consumption for the previous six months from the date of inspection on 25.1.2003 along with compensation of Rs.1000/-. It is aggrieved by such directions that the present appeal is filed calling for the interference of this Commission on the ground that the order dated.18.06.04 containing the above directions is illegal and unsustainable. 2. The case of the complainant before the forum was that on 25.1.03 the second opposite party along with another Assistant Engineer inspected the premises of the complainant. The mahazar was prepared in the absence of the complainant and later he was issued a bill for Rs.24,138/- alleged to be the additional bill for the period from 8/02 to 12/02 for the charges towards 1957 units of energy. The complainant remitted the amount in three installments under compulsion. The complaint was filed by him before the Forum alleging deficiency of service on the part of the opposite parties and praying for the cancellation of Ext.P3 bill issued to him and to refund the amount collected from him with 18% interest. 3. Resisting the complaint, the opposite parties filed the version stating that the Special Inspection Squad of the opposite parties conducted the inspection in the premises of the complainant on 25.1.2003 and found that the energy meter installed in his premises was kept in an inclined position thereby obstructing the correct recording of the meter. It is stated by them that meters are fixed in a vertical position and the complainant had tilted it by using external force. The complainant was issued the bill for illegal abstraction of energy for the last six months taking into consideration of the consumer’s connected load of 3650 watts. There was no deficiency of service on their part and they prayed for dismissal of the complaint. 4. The evidence consisted of the oral testimony of PW1 and DW1 and 2; exts.P1 to P7 and Exts.D1 to D3. 5. The learned counsel for the appellants argued before us that the Forum had not properly appreciated the pleadings and evidence adduced by the opposite parties. It is further argued by him that there was a site mahazar which was properly marked by examining DW2 the scribe of the mahazar. It is his further case that when the site mahazar was prepared the wife of the complainant was present and she was convinced of the position of the meter. The bill issued was only for Rs.24,138/- which according to the learned counsel is absolutely legal as per clause 43 of the conditions of supply. He has also invited our attention to the fact that if the consumers are allowed to change the position of the meter to their likes and dislikes the meter will not work properly. He has also relied on the decision of the Honourable Supreme Court in Joseph Vs Intelligence officer 2006 (2) KLT 444 to show that the burden of proving that any person is not liable to pay the penalty shall be on such person and in the instant case the complainant has not adduced any evidence to show that the meter was seen in the correct position when the inspecting parties went to his house for inspection and that he is not liable to pay the penal bill and in such a circumstance he argued for the dismissal of the complaint. 6. On an appreciation of the arguments of the learned counsel for the appellant and perusing the records of the Forum below, we find that there was an inspection by the inspection squad of the opposite parties on 25.1.03 in the premises of the complainant as evidenced by Ext.D1. The scribe was also examined before the forum and nothing is brought out to discredit the statements made in the site mahazar. He has deposed before the forum that by tilting the meter the functioning of the meter will be obstructed and stated that the meter can be tilted only on external physical force. It is also noted that Smt.Nandini was present at the time of inspection and she was convinced of the discrepancies. It is further seen that the bill is issued for three months with the penal rates and in the absence of any contra evidence from the side of the complainant, we do not think it proper to support the orders of the forum below. It is also noted that the Forum has not properly considered the evidence adduced by the opposite parties/appellants. In the result the appeal is allowed setting aside the order dated.18.6.04 in OP.No.72/03 of CDRF, Kollam. In the nature and circumstances of the case the parties are directed to suffer their respective costs. S.CHANDRA MOHAN NAIR : MEMBER R.AV
......................JUSTICE SHRI.K.R.UDAYABHANU
......................SMT.VALSALA SARNGADHARAN | | 
