KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD THIRUVANANTHAPURAM APPEAL NO.281/06 JUDGMENT DATED 9.10.09 PRESENT SRI.M.V.VISWANATHAN -- JUDICIAL MEMBER Ashok kumar, Asst.Engineer, K.S.E Board, -- APPELLANT Mulakkuzha Section, Chengannur. (By Adv.B.Sakthidharan Nair) Vs. Jayaprakash.T.P, Thundiyil Veedu, -- RESPONDENT Kozhuvalloor.P.O, Chengannur. (By Adv.Ravindran Nair JUDGMENT SRI.M.V.VISWANATHAN,JUDICIAL MEMBER The above appeal is preferred from the order dated 9th December 2005 passed by CDRF, Alappuzha in OP.No.A.214/04. The complainant alleged deficiency in service on the part of the opposite party in demanding and levying the electricity bi-monthly charges at the rate of Rs.256/-. It is the definite case of the complainant that the meter was not faulty and that the opposite party failed to issue the bills for the electricity charges based on the meter readings recorded by the energy meter. The opposite party entered appearance and contended that the energy meter installed at the premises of the complainant was faulty and so the meter reader issued the bills from February 2003 onwards on the basis of average energy consumption. Thus, the opposite party justified his connection in issuing the bi-monthly bill at the rate of Rs.256/-. Before the Forum below, both parties have not adduced any evidence in support of their respective proceedings. At the instance of the Forum below the energy meter installed at the premises of the complainant was sent for examination by the electrical inspector and thereby the electrical inspector submitted X1 inspection report. It is reported that the energy meter was not properly recording the consumption of energy and that the energy meter was running slow. It is based on X1 report, the Forum below found the meter as faulty and thereby directed the opposite party the Asst. Engineer of KSEB, Mulakkuzha Section to issue energy bills based on average energy consumption. The Forum below issued the aforesaid direction by following the provisions of regulation 31 ( c ) of the conditions of supply of electrical energy. At the same time, the Forum below directed the opposite party to take the average consumption for the months of August 2002 and October 2002. The Forum below omitted to take the energy consumption of 3 bi-monthly consumption. So, the impugned order ought to have been for taking the average of the bills for the months of August, October and December 2002. By an in-advertant omission, the Forum below directed to took average of the bills for the months of August and October 2002. At any rate, as per regulation 31 ( c) of the conditions of electrical energy previous 3 months consumption are to be taken for calculating the average consumption. Admittedly, in the present case on hand, the readings were taken bi-monthly. The meter readings were taken in August, October and December 2002. There is no case for the complainant that the meter was faulty during December 2002. It is true that the complainant’s definite case is that the meter was running properly and there is no defect for the energy meter. But the said case of the complainant has been belied by Ext.X1 inspection report submitted by the electrical inspector. So, the impugned order passed by the Forum below is liable to be modified and thereby to direct the opposite party to take the average of the consumption for the months of August, October and December 2002. On the basis of the said average consumption, the opposite party can be very well issue bills for the arrears of electricity charges. If there was any excess collection of amount from the complainant that is to be refunded to the complainant. Of course, the opposite party will also at liberty to adjust the excess amount, if any collected from the complainant towards the energy charges for the future months. The impugned order passed by the Forum below is modified to the extent as indicated above. In the result, the appeal is allowed to the extent that the impugned order dated 9.12.05 passed by CDRF, Alappuzha in 0P.No.A.214/04 is modified. Thereby the appellant/opposite party Asst Engineer KSEB, Mulakkuzha Section, Chengannur is directed to take the average of the consumption for the months of August, October and December 2002 and based on the said average consumption, energy bills are to be issued. If any excess amount has been collected from the complainant/consumer the same is to be refunded or adjusted. The parties are directed to suffer their respective costs through out. M.V.VISWANATHAN -- JUDICIAL MEMBER |
