THE KARNATAKA STATE CONSUMER DISPUTES
REDRESSAL COMMISSION, BANGALORE. (ADDL. BENCH)
DATED THIS THE 15th DAY OF NOVEMBER 2021
PRESENT
SRI RAVI SHANKAR – JUDICIAL MEMBER
SMT. SUNITA C.BAGEWADI - MEMBER
APPEAL NO. 295/2017
The Section Officer,
Hubli Electricity Supply Company Ltd.,
Talikot, Muddebihal Taluk,
Bijapur District.
….Appellant/s.
(By Shri H.V.Devraju, Adv.,)
-Versus-
Smt. Indra Bai
D/o Sri. Rangappa Ghotakhandi,
A/a 41 years, R/at Bhagirath Nialay,
Ward No.1, Opposite to KEB,
Talikota, Tq:Muddebihal,
District: Bijapur.
(Served – absent)
……….. Respondent/s
:ORDERS:
BY SRI.RAVI SHANKAR - JUDICIAL MEMBER
The Opposite Party in complaint No.47/2013 preferred this appeal against the order passed by the Bijapur District Consumer Commission which prohibited them not to claim the back billing amount of Rs.18,826/- and also directed them to pay Rs.3,000/- towards mentally agony and Rs.2,000/- towards litigation expenses and submits that the complainant initially had obtained an electricity connection for lighting purpose under LT2 (a) Tariff installation and was assigned to the complainant under R.R.No.TL-5873 with sanction load of 240 watts for the domestic purpose and complainant has to utilize as per sanctioned load and paying the electricity bills regularly to the Opposite Party. Subsequently, this Opposite Party had issued back bill to the tune of Rs.18,826/- with interest at Rs.56/- and Tax of Rs.38.38/- after inspection. Being aggrieved by the issuance of the bill, the complainant has filed the complaint alleging deficiency in service and after trial, the District Commission allowed the complaint and restrained them not to collect the said back billing amount. Being aggrieved by the said order, the appellant filed this appeal on various grounds.
2. We have heard the arguments.
3. On going through the memorandum of appeal, certified copy of the order and relied decision by the appellant, we noticed that the complainant had obtained an electricity connection for her domestic purpose under LT-2 (a) Tariff installation under R.R.No.TL-5873 with sanctioned load of 240 watts. Such being the case, the vigilance of the Opposite Party/company have inspected the spot of the complainant, where they noticed that she was unauthorizedly using excess electricity beyond the sanctioned load for the purpose of running school. After noticing that, the team of inspection has suggested the Opposite Party to collect the due amount of Rs.18,826/- with interest @ 56/- plus tax of Rs.38.38/-. After issuance of the said back bill, the complainant approached the District Commission.
4. We noticed that the District Commission made an error in not appreciating the inspection report submitted by the vigilance and it is also admitted fact that the complainant was running a school and using excess load of 20 watts X 8 blub, 80 Watts – one Fan, 100 Watts – one TV, 373 Watts – 1 ½ H.P. Machine and 746 Watts of one HP Machine, in total 1459 watts. The above said facts were mentioned in the inspection report. The District commission failed to appreciate the inspection report. We also noticed here that the complainant has not preferred any appeal before the Appellant Authority of the Opposite Party/company with reference to the usage of electricity beyond the sanctioned loan. In the absence of such materials, it is established that the complainant has utilized the electricity beyond the sanctioned load. Hence, we found there is no any deficiency in service on the part of Opposite Party in issuance of the bill towards usage of excess electricity for the purpose of school. The District Commission made an error in prohibiting the Opposite Party not to collect the said amount without there being any deficiency in service. Hence, the complaint has to be dismissed and complainant is liable to pay the amount as demanded by the Opposite Party. Accordingly, we proceed to pass the following:-
:ORDER:
The appeal is allowed. No costs.
The impugned order dated:17.10.2016 passed by Bijapur District Consumer Disputes Redressal Commission in C.C.No.47/2013 is hereby set-aside. Consequenlty, the complaint filed by the complainant is dismissed.
The amount in deposit shall be transmitted to the concerned District Commission to pay the same to the appellant/Opposite Party.
Send a copy of this order to both parties as well as Concerned District Commission.
Member. Judicial Member.
Tss
