Complaint filed on: 14.06.2016
Complaint Disposed on:16.05.2017
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AT CHICKMAGALUR.
COMPLAINT NO.65/2016
DATED THIS THE 16th DAY OF MAY 2017
:PRESENT:
HON’BLE SRI RAVISHANKAR, B.A.L, LL.B., - PRESIDENT
HON’BLE SMT B.U.GEETHA, M. COM., LL.B., -MEMBER
HON’BLE SMT H. MANJULA, B.A.L., LL.B., - MEMBER
COMPLAINANT:
Sri.Hanumantha Raju S/o Sanna Raju,
Aged about 80 years, Agriculturist,
R/o Gavanahalli, Rampura Post,
Chikmagalur City.
(By Sri/Smt. B.C. Vinay Shetty, Advocate)
V/s
OPPONENT:
1. Junior Executive Engineer(EI),
MESCOM, Chikmagalur Urban
Sub Division, Chikmagalur City.
2. Assistant Executive Engineer(EI),
MESCOM, Chikmagalur Urban
Sub Division, Chikmagalur City.
3. Assistant Executive Engineer(EI),
MESCOM Squad, Chikmagalur Urban
Sub Division, Chikmagalur City.
(OP No.1 to 3 By Sri/Smt. H.C. Kumar, Advocate)
By Hon’ble President Sri. Ravishankar,
:O R D E R:
The complainant filed this complaint U/s 12 of the Consumer Protection Act 1986 against OP Nos. 1 to 3 alleging deficiency in service in issuing electricity bill for sum of Rs.93,524/- instead of Rs.14,476/-. Hence, prays for direction against Op no.1 to 3 to rectify the bill and to issue a bill under tariff 2LT4A-MS along with compensation of Rs.50,000/- for deficiency in service.
2. The brief facts of the complaint is that:
The complainant is an agriculturist and obtained electricity connection to his IP set under RR No.IP801 from Ops on 21.03.1996. The said IP set was used by complainant for agricultural purpose only. At the time of providing electricity connection and said RR No.IP801 tariff is 2LT4A-MS from 29.03.1996 to 19.09.2015 and on 19.09.2015 the Ops have changed new tariff as 2LT3IN. They have issued a bill for such a huge amount of Rs.93,524/- after changing the tariff. Hence, the bill issued by Ops is ill-legal and even the meter was fixed only on 19.09.2015, even then the Ops have demanded a huge amount without any valid reasons and valid basis. Hence, Op no.1 to 3 rendered deficiency in service in issuing the bill for Rs.93,524/-. Hence, complainant filed this complaint and prays for rectify the bill and direct them to issue a bill for Rs.14,476/- along with compensation for deficiency in service.
3. After service of notice Op No.1 to 3 appeared through their counsel and filed version and contended that on 21.03.1996 complainant had obtained electricity supply to his IP installation bearing IP801 for agricultural purpose. The capacity of the IP set is 5.05 HP under tariff LT 4(a). On 11.06.2015 the vigilance squad belongs to Ops visited the above said installation, on verification the vigilance squad noticed that the complainant was using the electricity from his IP installation to fill the water to the tanker in order to supply the same through tractor for construction of buildings and other purposes in the name and style of Nayana Water supply. The complainant using the said IP connection for commercial purpose. For the above misuse of the electricity, the vigilance have taken the photographs and drawn the mahazar and prepared a report in this regard. The copy of the report also served to the son of the complainant, who was present at the time of inspection.
Thereafter the vigilance squad submitted the report to the concerned sub division to prepare back bill as per ES & D code. As per the ES & D code the provisional bill was prepared and the back bill was given to the complainant for payment and for the misuse of the tariff. But the complainant till today has not paid the back bill issued by them.
Further Op no.1 to 3 have contended that the vigilance squad also given a report that the complainant was using tractor bearing registration No.KA 18 TA 5544 for transportation of 5,000 liter capacity water for other places and complainant is running the said business of supply of water in the name and style of Nayana Water Supply.
Later the complainant has given a requisition to these Ops to change the tariff to the commercial purpose and submitted the diagram with agreement. Basing on the requisition the tariff was changed to LT4(c). Now the electricity bills also issued to the complainant under the LT4(c), but complainant was not paying the bill amount. Instead of paying the bill the complainant has filed this false complaint by suppressing the material facts. Hence, there is no any deficiency in service on the part of these Ops. The complainant is liable to pay electricity bill issued for the usage of the electricity for commercial purpose. Hence, prays for dismissal of the complaint.
4. Complainant filed affidavit and marked documents as Ex.P.1 to P.8. Op 1 to 3 also filed their affidavits and marked documents as Ex.R.1 to R.16.
5. Heard the arguments.
6. In the proceedings, the following points do arise for our consideration and decision:
- Whether there is deficiency in service on the part of OPs.
- Whether complainant entitled for any relief & what Order?
7. Our findings on the above points are as follows:-
- Point No.1: Negative.
- Point No.2: As per Order below.
: R E A S O N S :
POINT NOs. 1 & 2:
8. The case of the complainant is that he had obtained electricity supply under his IP sets under RR no.IP801 on 21.03.1996 for irrigating his lands (Agricultural purpose), but on 19.09.2015 the Ops have changed the tariff into 2LT3IN and issued a bill for Rs.93,524/- which is ill-legal. Hence, prays for direction against Op no.1 to 3 to rectify the bill issued by them and also prays for compensation for deficiency in service as prayed above.
9. On contrary Ops have taken a contention that on 21.03.1996 the complainant obtained the electricity connection under RR No.IP801 for agricultural purpose, but the complainant is using the electricity for the commercial purpose by way of supplying water to the construction work and other purposes. The said fact was came to know after the investigation made by vigilance squad of the Op company. Thereafter after receipt of the report from vigilance squad they have prepared the back bill and issued to the complainant for payment. Even after issuance of the back bill complainant had not paid bill and filed this false complaint. Hence, submits no deficiency in service and prays for dismissal of the complaint.
10. On going through the documents produced by both the complainant and Ops we noticed that in Ex.R.13 complainant on 20.07.2015 had made a requisition for conversion of electricity supply under IP801 to commercial purposes. Such being the case it is clear case that the complainant is using the power supply up to 5.05 HP for commercial purpose. It is clear case of violation of sanctioned purpose to the complainant. The complainant is liable to pay the back bill issued by Ops and at the same time there is no deficiency in service on the part of Op no.1 to 3 in issuing the bill. Basing on the reports submitted by vigilance squad Op no.1 & 2 prepared this back bill and complainant also failed to establish a deficiency in service on the part of Ops. Hence, the complaint is liable to be dismissed. As such for the above said reasons, we answer the above point no.1 and 2 in the Negative and proceed to pass the following:-
: O R D E R :
- The complaint filed by the complainant is hereby dismissed. No order as to costs.
- Send free copies of this order to both the parties.
(Dictated to the Stenographer transcribed typed by her, transcript corrected by me and then pronounced in Open Court on this the 16th day of May 2017).
(RAVISHANKAR)
President
(B.U.GEETHA) (H. MANJULA)
Member Member
ANNEXURES
Documents produced on behalf of the complainant:
Ex.P.1 - Computerized copy of electricity bill.
Ex.P.2 - Official memorandum issued by Op.
Ex.P.3 - Application of the complainant dtd:13.07.2015.
Ex.P.4 - Letter dtd:25.07.2015 issued by Op.
Ex.P.5 - Letter of the complainant dtd:20.07.2015.
Ex.P.6 - Another letter signed by villagers addressed to Op dtd:20.7.15.
Ex.P.7 - Another letter dtd:24.06.2015.
Ex.P.8 - 6 electricity bills.
Documents produced on behalf of the OPs:
Ex.R.1 - True copy of the completion report dtd:26.02.1996.
Ex. R.2 - Intimation dtd:27.02.1996.
Ex. R.3 - True copy of the estimation.
Ex. R.4 - True copy of 2 RTC extract.
Ex. R.5 - Water source certificate dtd:28.11.1995.
Ex. R.6 - Application for supply of electricity dtd:27.02.1996.
Ex. R.7 - True copy of the wiring diagram dtd:29.02.1996.
Ex. R.8 - True copy of the agreement dtd:29.02.1996.
Ex. R.9 - Vigilance Report dtd:11.06.2015.
Ex. R.10 - True copy of the spot mahazar dtd:11.06.2015.
Ex. R.11 - True copy of the Provisional back bill dtd:11.06.2015.
Ex. R.12 - Letter dtd:23.07.2015.
Ex. R.13 - Requisition of the complainant dtd:20.07.2015.
Ex. R.14 - Conversion letter dtd:24.09.2015.
Ex. R.15 - True copy of the back bill dtd:01.07.2015.
Ex. R.16 - 18 photos with C.D.
Dated:16.05.2017 President
District Consumer Forum,
Chikmagalur.
RMA
