DISTRICT CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD Dated this the 25th day of September 2010 .
Present : Smt. Seena.H, President : Smt. Preetha.G. Nair, Member : Smt. Bhanumathi.A.K, Member
C.C.No.176/2009 Evangelical Social Action Forum (ESAF) Hospital Chittur Road Kozhijampara Palakkad Rep by Administrator George Vargheese K - Complainant (Adv.B. Kamalchand ) Vs 1. Kerala State Electricity Board Rep. By its Secretary Vydhyuthi Bhavanam Trivandrum (Adv. M.S. Skaria) 2. The Assistant Executive Engineer Kerala State Electricity Board Electrical Section Kozhijampara Palakkad - Opposite parties (Adv.M.S. Skaria)
O R D E R By Smt. Seena.H, President Complaint in short
Complainant is the administrator of a charitable institution. He is running a hospital at Kozhijampara in Palakkad district from 01/04/2008 onwards as part of the charitable functions. Complainant is the consumer of Opposite parties vide Consumer No.13905. Complainant used to pay the electricity bills promptly. While so, on 24/11/2009, the authorities of the opposite parties inspected the complainants premises. A site Mahazar was prepared and it was alleged that the complainant was using excess load than allowed. On the basis of that a provisional bill for Rs.96,464/- was issued. Complainant filed written objections against the bill, but without evaluating the truth of the contention, the bill was made final. It is stated by the complainant that they never used any excess load. That the hospital is situated in an interior area and hence there is no heavy rush of patients. That - 2 - all the equipments are not used frequently. That the complainant has never used excess load than permitted. Complainant prays to direct the opposite parties to revise the disputed bill and pay an amount of Rs.20,000/- as compensation.
Opposite parties filed version contending the following.
Opposite parties first raised a contention that the forum has no jurisdiction to entertain the complaint as there is a specific authority to deal with the matter under the Electricity Act 2003.
Opposite parties further contended that the electricity connection was earlier effected to the premises of M/s. Unity Hospital, Kozhijampara in Consumer No.13905 for hospital purpose under LT VI B Tariff. The sanctioned connected load at that time was 15KW. It is submitted that the connection has not been transferred in the name of the complainant. Opposite parties submits that the penal bill was issued after a surprise inspection at the premises of the complainant by Anti Power Theft Squad. It was found that the connected load installed in the premises was 29.775 KW i e., an unauthorized additional load of 14.775 KW. A site mahazar was prepared and copy was given to the complainant . A provisional bill was issued to the consumer. After hearing the objections of the complainant, final bill was also issued. According to opposite parties they have acted as per rules only.
Complainant and Opposite parties has filed their respective affidavits. Exhibit A1 to A6 were marked on the side of the complainant. Exhibit B1 to B2 was marked on the side of opposite parties.
Issues for consideration are: Whether complaint is maintainable before the Form? Whether the bill dated 15/12/2009 is legal? Whether there is any deficiency in service on the part of opposite parties? If so, what is relief and cost complainant is entitled to?
- 3 - Issue No.1 Opposite party has raised a contention that the complaint is not maintainable before the forum as there is a specific authority to deal with the matter under Electricity Act 2003. As per Section 3 of the Consumer Protection Act, the provisions of this act shall be in addition to and not in derogation of the provisions of any other law for the time being in force.
In a catena of decisions the Apex court has dealt with the issue and held that Consumer Forum has jurisdiction to entertain such complaints. So the 1st point is answered in favour of the complainant. Issue 2,3, & 4
Complainant challenges the penal bill issued by opposite parties alleging unauthorized additional load. According to opposite parties the bill issued is after complying the legal formalities and is as per rules.
Exhibit A3 the copy of the site Mahazar is seen signed by the complainant admitting the facts stated therein. Further in Exhibit A5 the copy of the letter issued by the complainant to opposite party it is stated that the institution was taken over by them on April 1st, 2008 and he has no knowledge of the existing connected load of his institution. As per Exhibit A2 series, the permitted connected load is 15,000 watts. Exhibit A3 Mahazar shows a connected load of 29,775 watts i e, an excess of 14,775 watts. Counsel for the complainant vehementally argued for the position even though Anti theft squad inspected the premises, they have not found that all the equipments found there were used. Regarding the point it is proper to have a look on Section 50, Kerala State Electricity Board. Terms and conditions of supply 2005. Section 50 - Misuse of Energy :- If on an inspection of any place or premises or after inspection of the equipment, gadgets, machines, devices found connected or used or after inspection of records maintained by any person, the Board's Officer not below the rank of Assistant Engineer (assessing officer) comes to the conclusion that such person is indulging in unauthorized use of electricity, he shall provisionally assess to the best of his judgment - 4 - the electricity charges payable by such person or by any other person benefited by such use as per Section 126 of Electricity Act.
The word connected or used go on to show that in either situation the assessing officer has authority to assess the electricity charges. It is also seen that the Opposite parties has complied all the procedural formalities as per Section 126 of the Electricity Act 2003 while issuing the bill.
In view of the above stated facts and circumstances of the case we are of the view that there is no illegality in the bill issued.
In the result complaint dismissed.
Pronounced in the open court on this the 25th day of September, 2010 PRESIDENT (SD) MEMBER (SD) MEMBER (SD) APPENDIX Date of filing : 26/12/09 Witness examined on the side of Complainant Nil Witness examined on the side of Opposite party Nil Exhibits marked on the side of the complainant Ext. A1 – Copy of certificate of registration
2. Ext. A2 series – Copy of Electricity Bills dated 09/10/09, 09.11.09, 09.12.09 3. Ext. A3 - Copy of site Mahazar 4. Ext. A4 - Copy of provisional penal Bill issued from KSEB dated 01/12/09 5. Ext. A5 - Copy letter form Esaf Hospital 6. Ext A6 - Copy of final bill Bill issued from KSEB dated 15/12/09 - 5 - Exhibits marked on the side of the Opposite Party Ext – B1 – Copy of order of KESB dated 07/02/2008 Ext – B2 – Copy of proceedings dated 15/12/09 of State Electricity Board.
Forums Exhibits Nil
| | [HONORABLE Smt.Bhanumathi.A.K] Member[HONORABLE Smt.Seena.H] PRESIDENT[HONORABLE Smt.Preetha.G.Nair] Member | | 
