IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOTTAYAM
Dated, the 14th day of October, 2022
Present: Sri. Manulal V.S. President
Smt. Bindhu R. Member
Sri. K.M. Anto, Member
C C No. 119/2021 (Filed on 20-07-2021)
Petitioner : Dale Paul,
Secretary,
St. Jude Charitable Society,
M/s. Shilpa Bangi Furniture,
Memury P.O. Kottayam.
(Adv. Anie Mathew)
Vs.
Opposite parties : (1) Kerala State Electricity Board,
Rep. by Secreatary,
Vydhuthi Bhavan,
Pattom, Thiruvananthapuram.
(2) Asst. Engineer,
Electrical Section,
K.S.E.B. Kuruppanthara,
Manjoor P.O. – 686603.
(OP 1 and 2, Adv. Deepthy S. Nath
and Adv. Malavika Suresh)
O R D E R
Sri. K.M. Anto, Member
The case is filed under section 35 of The Consumer Protection Act 2019.
The brief of the complainant’s case is as follows. The complainant is having commercial electric connection with Consumer No.1146470005808 for his building Nos.419 and 420 in ward No. XVII of Manjoor Grama panchayath. The meter reader of the first opposite party used to visit the building in every month and issued current charges after thorough inspection of the meter and its reading. On 11/06/2021 the second opposite party issued a bill for Rs.32,820/-stated as short assessment bill for the unbilled consumption as there was no current display in the B Phase of the meter. The meter is not faulty and is working properly. On 30/06/2021 the complainant sent a replay to the second opposite party stating that the complainant is regularly paying the electric bills and therefore the assessment made by the opposite party is improper, unfair and in an irrational manner. The opposite parties are not legally entitled to assess the charges for previous months from 09/2019 to 11/2020.The second opposite party replied to the letter dated 30/06/2021 stating that the complainant failed to send the replay within the stipulated time. The act of the opposite parties amounts to deficiency in service on their part. The complainant has suffered much loss and mental agony due to the act of the opposite parties. Hence this complaint is filed.
On admission of the complaint copy of the complaint was duly served to the opposite parties. The Assistant Executive Engineer, Electrical Sub division, Kerala State Electricity Board, Ettumanoor filed the version on behalf of the first and second opposite parties.
As per the Version of the opposite parties the Electric connection with Consumer No.1146470005808 under electrical Section Kuruppanthara is registered in the name of St. Jude Charitable Society for industrial purpose, 3 phase connection under LT 4 A tariff. On 11.11.2020 The Assistant Engineer conducted an inspection of the energy meter and found that the energy meter is not recording energy consumption issued through B phase of the 3-phase supply. A site Mahasser was prepared and the meter was sent for testing at the TMR Lab. From the test report the period of un-recorded B phase consumption in the meter was from 02.09.2019 to 11.11.2020, the date of inspection. Based on the above findings and the test report at TMR Lab the bill for the un-recorded consumption was issued. Section 134(1) of Kerala Electrify supply code 2014 empowers the licensee to recover the undercharged amount from the consumer. Hence a short assessment bill as per section 152(3) of the Kerala Electricity Supply Code2014 was issued. This short assessment bill was issued as per law and is only for the unrecorded consumption as per the inspection and Test report from Lab. Hence there is no deficiency in service on the part of the opposite parties.
The complainant filed proof affidavit and marked documents Exhibits A1 to A8. The opposite party filed proof affidavit and marked documents as Exhibits B1 to B3.
On the basis of the complaint, proof affidavit of the complainant, version of the opposite party and evidence adduced we would like to consider the following points.
1 Whether there is deficiency in service on the part of the opposite parties
2 If so, what are the reliefs and costs?
For the sake of convenience, we would like to consider point no 1 and 2
together.
Point Nos. 1 and 2
Ongoing through the complaint, proof affidavit of the complainant, version of the opposite parties it is clear that the complainant is having a commercial electric connection with LT IV A tariff having Con NO.1146470005808 of Kuruppunthara Electrical Section. On 11.11.2020 the Assistant Engineer conducted an inspection of the energy meter in the premises of the complainant and found that energy through the ‘B’ phase of the meter is not working. The AE prepared the Ext A1/B1 site Mahaseer and the meter was sent for testing at TMR lab, pallam. On getting Ext A5/B2 test report from the TMR lab the opposite party issued Ext A7/ B3 bill dated 28.06.2021 for an amount of Rs 32,820/- being the unbilled consumption charges for the period from 09/2019 to 11/2020.
Ext A1 and Ext B1 is the site Mahasser dated 11.11.2020 Ext A5 and Ext B2 is the test report of TMR Division Pallom dated 02.12.2020 Ext A7 and Ext B3 is the Demand and Disconnection notice dated 28.06.2021 with detailed calculation statement from October 2019 to November 2020.
From the above discussed evidence and proof affidavit of the opposite party it is evident that the opposite party issued the Ext A7/ExtB3 short assessment bill as per section 152(3) of the Kerala electricity supply code 2014.Chapter IX of the code from sections 148 to 164 deals with Theft, Unauthorized Use and other irregularities. But the Ext A1 site mahazer prepared by the AE on 11.11.2020 clearly states that there is no tampering for the seals of the meter. This shows that there is no Theft, Unauthorized use or other irregularities on the part of the complainant. The defect of the meter detected on the site inspection will not come within the preview of chapter IX of the code.
The Kerala Electricity supply code 2014 Chapter V1 Sections 104 to 121 deals with Metering. The defect of the meter will only attract sections under Chapter VI of the code. The Ext A5 /B2 test report shows that the meter is ‘Not complied with the requirement of the standard in the above tests. This shows that the meter is faulty. Since the meter is found faulty in test conducted in the lab the revision of the bill has to be done as per section 115(9) of the code. Then as per section 115(9) of the Kerala Electricity supply code 2014 in case the meter is found to be faulty, revision of the bill on the basis of the test report shall be done for a maximum period of six months or from the date of last testing, whichever is shorter and excess or deficit charges on account of such revision shall be adjusted in the two subsequent bills. The opposite party can issue the bill for the deficit charges only for six months.
The act of the opposite party in issuing the short assessment bill for the entire period 10/19 to 11/2020 under chapter XI of the code is deficiency in service on their part. Point No.1 and 2 are found in favor of the complainant. We allow the complaint and pass the following orders.
- We hereby set aside the short assessment bill dated 28/06/2021 which is Ext A4 issued for an amount of Rs.32,820/-.
- The opposite party is directed to issue fresh bill for the deficit charges for six months from October 2019 without any penal charges within 30 days from the date of receipt of copy of this Order.
Pronounced in the Open Commission on this the 14th day of October, 2022.
Sri. K.M. Anto, Member Sd/-
Sri. Manulal V.S. President Sd/-
Smt. Bindhu R. Member Sd/-
Appendix
Exhibits marked from the side of complainant
A1 – Copy of site mahazar issued on 11-11-20 issued by 2nd opposite party
A2 – Copy of letter dtd.11-06-21 issued by 2nd opposite party
A3 – Copy of billing details of con. No.1146470005808
A4 – Copy of provisional invoice for the period of 09-19 to 11-20 issued by 2nd
opposite party
A5 – Copy of test report dtd.02-12-20 issued by Asst. Exe. Engineer, Pallom
A6 – Copy of letter dtd.30-06-21 by complainant to 2nd opposite party
A7 – Copy of letter dtd.28-06-21 issued by 2nd opposite party to complainant
A8 series – Copy of receipts and online payments (14 nos.)
Exhibits marked from the side of opposite party
B1 – Copy of site mahazar dtd.11-11-20 issued by Sub Engineer, Electrical
Section, Kuruppanthara
B2 – Test report dtd.02-12-2020 issued by Asst. Executive Engineer
B3 – Copy of demand and disconnection notice issued by 2nd opposite party
By Order
Sd/-
Assistant Registrar
