BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.

Date of filing : 17/02/2011

Date of Order : 30/11/2011

Present :-

Shri. A. Rajesh, President.

Shri. Paul Gomez, Member.

Smt. C.K. Lekhamma, Member.

C.C. No. 97/2011

Between

And

O R D E R

A. Rajesh, President.

1. The case of the complainant is as follows :

The complainant and his family is residing in a double storied building. The complainant availed himself of separate electricity connections under LT I A category in the ground floor and the 1^st floor of the building. The 1^st floor of the house has been rented out. He has been paying the electricity charges promptly. While so on 17-12-2010, the 3^rd opposite party issued a notice to the complainant stating that the electricity connection provided to the 1^st floor was utilized for commercial purposes by conducting home stay which is liable to be charged under LT VII A tariff. In furtherance of the notice on 22-12-2010, a provisional penal bill to the tune of Rs. 51,925/- has been issued to the complainant due to the change in tariff from LT – IA to LT VII A for the period from January 2010 to November 2010. The complainant preferred appeal against the demand, but the 2^nd opposite party rejected the same and issued the bill under dispute for the like amount. The complainant is not liable to pay any amount towards short assessment charges as he has been conducted a 'home stay' as alleged. Thus, the complainant is before us seeking the following reliefs :

1. To set aside the impugned bill.

2. To direct the opposite parties to continue with the future bills under LT IA tariff.

3. To pay the costs of the proceedings.

2. The version of the opposite parties :

On 17-12-2010, the K.S.E. Board made an inspection in the premises of Consumer No. 30197 and found that the electricity being used for conducting 'home stay'. A provisional invoice was served on the complainant on 22-12-2010. On receipt of an objection against the bill, a personal hearing was conducted on 13-01-2011 and the finding in the provisional bill has been confirmed and the bill in question was served. The complainant is liable to pay the amount as per the bill.

3. Though the opposite parties filed their version, thereafter they did not contest further for their own reasons. Proof affidavit has been filed by the complainant. Exts. A1 to A9 were marked on his side. Heard the learned counsel for the complainant.

4. The points that arose for consideration are :-

1. Whether the complainant is entitled to get set aside the disputed bill?

2. Whether the complainant is entitled to continue with the tariff under LT I A?

3. Costs of the proceedings?

5. Point No. i. :- The following facts were not disputed by the parties :

1. The complainant was served with Ext. A1 notice dated nil directing the complainant to remit the loss sustained by the opposite parties due to the misuse of electricity.

2. The 2^nd opposite party issued Ext. A2 bill along with Ext. A3 letter dated 22-12-2010 directing the complainant to pay Rs. 51,925/- towards penal assessment charges.

3. The complainant preferred Ext. A4 appeal dated 27-12-2010 before the 2^nd opposite party highlighting his grievances.

4. The 2^nd opposite party confirmed the findings in Ext. A2 bill vide Ext. A6 proceedings dated 18-01-2011.

5. The complainant had submitted Ext. A5 letter dated 14-01-2011 to the 2^nd opposite party to conduct a physical examination in the 1^st floor of the building.

6. The 2^nd opposite party issued Ext. A7 final bill dated 21-01-2011 for Rs. 51,925/- rejecting the contentions of the complainant.

6. During the proceedings in this Forum at the instance of the complainant vide order in I.A. No. 110/2011 dated 18-02-2011, this Forum directed the 2^nd opposite party to refrain from disconnecting the electricity supply to Consumer No. 30197 of Thrikkakara Electrical Section.

7. According to the opposite parties, they had conducted an inspection on 17-12-2010 at the 1^st floor of the residential building and found misuse of electricity. The complainant vehemently disputed the findings of the opposite parties. The opposite parties claim that they had conducted an inspection on 17-12-2010 into this matter. But there is nothing before us on record as to who conducted the same. Our reliance on this aspect would be elsewhere. Additionally and admittedly no documentary evidence is on record to show that the complainant had been misusing the electricity for the purpose other than domestic one which the opposite parties have challenged but miserably failed to prove for their own reasons. The opposite parties at least ought to have prepared a mahazar then and there while raising the allegations and obtained acceptance of the document by the complainant or the person in possession of the premises wherein they failed which again goes to weaken their argument.

8. It is worthwhile to note that the complainant has produced Ext. A9 rent deed dated 04-10-2010 between the complainant and the tenant, who occupied the 1^st floor which goes to show that he has rented out the 1^st floor of the building not as a home stay. In the above circumstances, we do not hold that the complainant had been conducting home stay for the relevant period. So, we are only to held that the complainant is not liable to pay the amount as per the impugned bill.

9. Point No. ii. :- Considering the findings on the 1^st point naturally, the complainant is entitled to continue with the tariff under LT IA for domestic purposes.

10. Point No. iii. :- The matter having been met squarely though almost called for we do not order costs.

11. In the result, we partly allow the complaint and order as follows :

1. The order in I.A. No. 1102011 dated 18-02-2011 is made absolute.

2. We set aside Ext. A7 bill issued by the opposite parties to the complainant.

Pronounced in open Forum on this the 30^th day of November 2011.

Sd/- A. Rajesh,President.

Sd/- Paul Gomez, Member.

Sd/- C.K. Lekhamma, Member.

Forwarded/By Order,

Senior Superintendent.

A P P E N D I X

Complainant's Exhibits :-

Opposite party's Exhibits :: Nil

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