O R D E R

ADV. RAVI SUSHA, MEMBER.

            Complainant’s case is that he has started a rise and flower mill in the building of one Mr. Abdal Majeed from 1.1.2008 .  Its electricity Consumer NO. is 19314.   As per the terms of agreement between  the complainant  and the above said Abdul Majeed had executed a consent statement in favour of the complainant regarding that.   The opp.parties permitted the complainant to use 225/17 units of power per month that its energy charge is fixed as Rs.405/- per month and meter charge is fixed as Rs.30/- per month.   The complainant never used electricity beyond the permitted quota.  But  the 4^th opp.party charged more than RTs.1000/- per month.  He is bound to pay only Rs.435/- per month.   During the year 2008 he is bound to pay only Rs.4350/-  only.  But the 4^th  opp.party obtained Rs.12783/- only from the complainant during the year 2008.  Thus the opp.party obtained Rs.8433/- only unlawfully from the complainant.   During  the pendency of the proceedings the 4^th opp.party obtained more than what is actually due from the complainant.   The complainant  also deposited Rs.4500/- as CD deposit  before the 4^th opp.party.  But the CD deposit amount is only Rs.500/- .  But the 4^th opp.party  charged Rs.4000/- more from  the complainant.  Complainant has the right to get it back    The complainant is using 225/17 units of electricity per month as permitted quota and its charge is Rs.405/- only.  But the opp.parties increased the permitted quota of units of power from 225/17 to 672/23 units per month without any reason.  It is attempt of the opp.parties to increase the fixed charge of the complainant from Rs.405/- to more than 1000/-  On 5..4..2009 the 4^th opp.party disconnected the power supply to the rise and flower mill due to the non payment of bill since January, 2009.   The complainant was not bound to pay the bill because the opp.party is in possession of the excess amount obtained from the complainant.   Due to the act of the 4^th  opp.party complainant’s earnings stopped.  His permanent customers approached other centers.  It affected his future earnings.  It affected his mental condition.  So the opp.parties are liable to pay Rs.25000/- as  compensation.   The opp.parties are liable to repay the excess amount obtained from the complainant as energy charge till date with 12% interest per annum.     They are also liable to repay Rs.4000/-  obtained as CD deposit from the complainant with 12% interest per annum.  Hence the complaint.

          The opp.parties filed version contenting that the complaint is not maintainable either in law or on facts.   The registered owner of the consumer No.19314 is Sri. Abdul Majeed, Puthiya Veedu, Poomkodu, Chadayamangalam.  But Sri. Radhakjrishna Pillai is the complainant.  The agreement for electric connection to consumer NO.19314 was executed by Sri.Abdul Majeed, Puthiya Veedu, Pookodu,.   The electric connection   was effected on 3..1..2008 .   The 3 phase electric connection was effected vide consumer NO.19314 for functioning a rice and flour mill in favour of Sri.Abdul Majeed but not for the complainant, Sri. Radhakrishnan pillai.  Fixed charge of the  complainant is Rs.405/-.   The fixed charge is assigned based on the connected load and tariff.   The connected load in the above premises is 9 kilowatts under industrial tariff.   As per the existing tariff the industrial consumers have to remit Rs.45/-  per Kilowatt as fixed charge per month.   Thus the Consumer has to pay Rs.405/- [9 KW x Rs.45*/-] as  his fixed charge per month.   Every non domestic consumers should lbe remit the fixed charge in addition to meter rent and energy charges also.   The above electric connection is a 3 phase  connection.   Since it is an industrial unit, the lighting load is segregated.   Therefore 3 phase and single phase meters are installed.  Hence meter rent is Rs.30/- [Rs.20/- for 3 phase and Rs.10/- for single phase meter] per month   As per the Board order NO.252/09 [plg Com 4653/05]/08-09/Tvpm dt. 31..1..2009 quota to consumer newly connected  is revised with effect from 1.2.2009 .   As per the above order the monthly average to such consumers is assigned as 105 units per Kilowatt of connected load and therefore quota is fixed as 34 units [80% of 105 units] per Kilowatt.   Since the connected power load of the above consumer is 8 kilowatt his quota is enhanced to 672 units and 23 units for power load and lighting load respectively.   The enhancement of quota for  mg of electric energy is beneficial to the consumer.  The consumer has deposited Rs.4500/- on cash deposit for the electric connection vide consumer NO.19314.   As per the existing standing order of the KSE Board Rs.500/- is the rate of cash deposit per kilowatt  under industrial  tariff.   Since  the connected  load of the above premises is 9 kw, the actual amount of cash deposit is Rs.4500/- only.  All the bill was issued  to the consumer is as per rules.  Hence there is no deficiency in service on the part of the opp.parties.

Points that would arise for consideration are:

1.  Whether the complainant is a consumer of opp.parties.

1.      Whether there is deficiency in service oin the part of the opp.parties.

2.     Reliefs and costs.

For the complainantPW.1 was examined and Ext. P1 to P8 were marked.

For  the opp.parties  DW.1 is examined and Ext. D1 was marked.

Point: 1.

          The first point to be decided is whether the complaint is a consumer.

          As per Ext.P1 consent deed the complainant is running a  rise and flower mill in the building of Mr. Abdul Majeed and paying the electricity charge .  The  complainant is a  beneficiary of supply of electrical energy as per sec. 2 [d] [ii] of the Consumer Protection Act.   According to  the complainant he is running the rise and flower mill exclusively for the purpose of earning the livelihood by means of self employment.  It is not disputed by the opp.party.  Hence from the above facts the complaint is a consumer of opp.parties.

Points 2 and 3:

Here the point to be decided whether the 4^th opp.party received any excess energy charge from the complainant. There is no dispute that the permitted quota of  the complainant  is that  his average consumption in 225 power units and 17 light  units and its charge is fixed as Rs.405/- per month.  Since 3 phase and single phase meters are installed, the meter rent is Rs,30/- per month. Complainant alleged that if the complaint is consumed energy within the permitted quota, he is liable to pay only the fixed charge and meter charge ie. 435 only per month.   The opp.party’s counsel argued that the complainant’s pleadings are not cored.  405  is the fixed charge which is assigned based on the connected load and tariff.  The connected load  of the complainant’s premises is 9 kilowatts under industrial tariff.   As per the  existing tariff the industrial consumers have to remit.   Rs. 45/- per kilowatt as fixed charge per month.  Hence the  consumer has to pay Rs.405  as fixed charge per month.   According to opp.parties every non domestic consumers should remit the fixed charge in addition to meter rent and energy charges also.  Moreover as per the Board Order No.252/09 [plg con 4653/05]/08-09/Tvpm dt. 31.1.1009 quota for use of electrical energy was fixed as 80% of the average consumption of the units..  As per the above order the monthly average to such consumers  is assigned  as 105 units per kilowatt of connected  load and therefore quota is fixed as 84 units [80% of 105 units] per kilowatt and thus  the complainants’ quota is enhanced to 672 units and 23 units for power load and lighting load respectively.  Opp.party’s counsel argued that such enhancement of quota for using of electrical energy is beneficial to the consumers.   The perusal of Ext.P8 series also shows that such enhancement has not committed  any harm to the complainant.

          The next point is with regard to cash deposit.   The complainant alleged that the cash deposit amount is only Rs.500/- .  But the 4^th opp.party charged Rs.4500/- from the complainant instead  Rs.500/- .   According to the opp.party as per the existing standing order of the KSE Board Rs.500/- is the rate of cash deposit per kilowatt under industrial tariff.   Since the connected load of the complainant’s premises is 9 kw. The actual amount of cash deposit is Rs.4500/-

          On considering the entire evidence we are of the view that all the bills issued by the 4^th opp.party to the complainant  is as per rules.  There is no deficiency in service on the part of the opp.party.

In the result the complaint fails and is dismissed.  No cost.

            Dated this the 27^th day of August, 2012.

                                                                                 I N D E X

List of witnesses for the complainant

Pw.1. Radhakrishna Pillai

List of documents for the complainant

P1. – Consent deed

P2. – Bills

P3. – copy of complaint to opp.party 4

P4. -  Copy of complaint to opp.party 2 and 4 under Regd. Post

P5. – Postal receiptP6. –

P6. – Acknowledgement card

P7. – Receipt

P8. – Electricity bills

List of witnesses for the opp.party

DW.1. – K. Chandra Babu

List of documents for the opp.party

D1. – Letter dated 2..4..2009

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