IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOTTAYAM
Dated this the 29th day of July, 2023
Present: Sri.Manulal.V.S, President
Smt.Bindhu.R, Member
Sri.K.M.Anto, Member
CC No. 138/2020 (Filed on 22/09/2020)
Complainant : Salini Jaimon,
Kochuparambil House.
Karinilam P.O, Amaravathi,
Pulikkunnu, Mundakkayam.
(By Adv: Sujith.T.Kulangara)
Vs.
Opposite parties : 1. The Chairman,
Kerala State Electricity Board,
Vydhyuthi Bhavan,
Pattom P.O, Thiruvananthapuram.
2. The Assistant Engineer,
Kerala State Electricity Board,
Electrical Section,
Mundakkayam.
3. The Secretary(Administration),
Kerala State Electricity Board,
Vydhyuthi Bhavan,
Pattom P.O, Thiruvananthapuram
O R D E R
SRI.K.M. ANTO, MEMBER
The complaint is filed under Section 35 of the Consumer Protection Act 2019.
The brief of the complainant’s case is as follows. The complainant is running a Teashop in the buildings having Numbers 259, 260 in Ward No.16 of the Mundakayam Panchayath. The complainant is running the Tea shop for her livelihood. The said building belongs to Nalini W/o Late M. K. Rajan. The opposite parties had issued Electric Connection vide Consumer No.8100. The complainant is using the Electricity from the said connection with the consent of the Nalini. The complainant was getting a bill around Rs.2,000/- for the last 10 years. The complainant had paid Rs.1,291/- on 07/03/2020. Due to Covid pandemic the shop was closed and opposite parties has not issued bills after 07/03/2020 to 08/08/2020.
The Electricity meter was fixed at a very high position and the employees of the opposite parties used stool or chair to record the meter reading. The employees of the opposite parties instructed the complainant to give an application for shifting the Electric meter citing the reason that the meter faulty. As per this advice the complainant submitted application and the meter were changed.
On 6/07/2020 opposite party issued a bill for Rs.35,627/-. A complaint was submitted before the opposite parties along with this bill. On 08/08/2020 opposite party issued a disconnection notice demanding to remit Rs.2,095/- being the charge for the used 300 units along with the arrear Rs.35,627/- before 04/09/2020.
The act of the opposite parties has caused many hardships to the complainant and illegal gain to the opposite parties. This complaint is filed for getting a direction to the second opposite party not to disconnect the electric connection and absolving the complainant from the arrear bill of Rs.35,627/- along with a compensation of Rs.25,000/- for the financial loss and hard ships of the complainant.
On admission of the complaint, the copy of the complaint was duly served to the opposite parties.
The opposite parties appeared and filed their version.
The version of the opposite parties is that the electric connection having Consumer no.1156382008100 is issued in the name of Rajan Mundiyil, under LT No.7 B, commercial Tariff with connected Load 422 Watts. The consumer had remitted Rs.1,291/- on 07/03/2020, the charges as per the bill dated 10/02/2020. Due to Covid-19 lock down, the opposite party was not able to issue bill to the consumer from 03/2020. The meter reader was not able to record the meter reading and to issue the bill since the meter was fixed in a high position. Hence average bill was issued for the period from 06/2019 to 04/2020.
On the request of the complainant the meter was suitably fixed so as to enable the meter reader to record the meter reading. After shifting the meter and after the lock down, the meter reader recorded the meter reading on 01/06/2020 and found to be 5096 units. The previous reading recorded on 10/04/2019 was 377 units. The difference was 4719 units. Since average bill was issued for the period from 06/2019 to 04/2020, the additional usage was divided to the period 06/19 to 04/2020 and the bill for Rs.35,627/- was issued after deducting the amount remitted by the consumer. On the petition of the complainant about the meter, a parallel meter was fixed, and the reading was recorded. The existing meter and check reading meter recorded 25 units for the period from 17/06/2020 to 23/06/2020. The meter was found working properly and this fact was informed to the complainant.
The complainant’s premises was inspected and found that the consumer is using 3288 watts whereas the consumer is having only 422 watts registered load. A notice was issued to the complainant either to remove the additional load or to regularize it. The tariff for the complainant is under LT7B, commercial tariff given for consumers having connected load below 1000 W. Since the complainant is using 2866 W, the usage will come under Tariff 7A. The act of the complainant is an offence under Sec.126 of Electricity Act and is liable for fine.
The complainant filed proof affidavit and marked documents Exhibits A1 to A3.
The opposite party filed proof affidavit and marked documents Exhibits B1 to B8.
On the basis of the complaint, version of the opposite parties and evidence on record we would like to consider the following points.
- Whether there is deficiency in service on the part of the opposite parties ?
(2) If so, what are the reliefs and costs?
POINTS 1 & 2
On the evaluation of the complaint, version of the opposite parties and evidence adduced it is clear that the complainant is running a Tea shop in the building of Nalini W/o Late M.K Rajan having Building Nos. 259, 260 in Ward No.16 of the Mundakayam Panchayath for their livelihood.
Exts. A2 and A3 is the bill for Rs.37,724/- issued to the complainant by the opposite parties.
Ext.B1 is the Consumer profile of the Consumer No.115638008100, Tariff LT-7B, Date of Connection 22-06-1990 given in the name of Rajan M.K. with connected load is 422 Watts.
Ext.B2 is the by monthly bills for the period from 10/04/2019 to 10/04/2020 and bills issued as door locked.
Ext.B3 is the Bill dated 06/07/2020 for the period from 10/04/2020 to 01/06/2020 having initial reading 377 units and final reading 5096 units.
The bill dated 13/06/2019 issued for the period from 10/04/2019 to 13/06/2019 shows that the previous meter reading on 10/04/2019 while the meter was working was 377 units.
The opposite party in their version and proof affidavit claimed that the meter reader was not able to record the meter reading and to issue the bill, since the meter was fixed in a high position, average bills were issued for the period from 06/19 to 04/20. The meter reading was also not taken from 03/2020 due to Covid pandemic.
Section 124 of the Kerala Electricity Supply Code 2014 deals with the Procedure for billing when meter is not accessible, which reads as follows.
Section 124. (1) If the licensee is not able to access the meter for reading a provisional bill may be issued on the basis of the average consumption of the previous three billing cycles.
(2) The licensee shall ensure that such provisional billing does not extend to more than two billing cycles at a stretch, and there are not more than two provisional bills generated for a consumer during one financial year.
As per this provision the opposite party can issue the provisional bills only for two billing cycles.
The opposite party is bound to initiate actions under section 111 of the Kerala Electricity Supply Code 2014 as the meter is inaccessible for reading which, read as follows :
Section 111.Consequence of Making the meter inaccessible for reading : -
(1) If the meter is rendered inaccessible on two consecutive meter reading dates of two billing cycles, a notice shall be issued to the consumer to keep the meter accessible for reading and to get the meter read by the licensee after payment of penal charges
(2) If meter is not made accessible even on the date specified in the notice, a disconnection notice shall be served on the consumer or affixed near the main entrance of the premises, if the consumer is not available
(3) If the consumer fails to comply with the notice, the supply shall be disconnected and reconnection of supply shall be affected only after the reading is taken and all dues are realized.
It is clear that even though ample power has been given to the opposite parties to initiate steps as per section 111, they failed to initiate any actions as per these provisions.
The opposite party produced Ext.B2 bills and claimed that the meter reading on 10/04/2019 was 377 units. The opposite parties failed to produce the previous bill of 2/2019 to establish that 377 units was the final meter reading at the time of meter reading in 2/2019.The opposite party failed to establish that 377 units was the previous reading on 10/04/2019. The meter reading on 01/06/2020 was 5096 units. The opposite parties calculated the difference of 4719 units as the units of Electricity used by the complainant but not charged from the complainant. Without establishing that the previous reading on 4/2019 was 377 units when the meter was working, the opposite party cannot come to the conclusion that 4719 units were not charged from the complainant.
The complainant was charged with a huge bill vide Exts A2 and A3 is also due to the failure of the opposite parties in taking timely actions as prescribed under Section 111 and 124 of the Kerala Electricity Supply Code.These acts of the opposite parties amounts to imperfection, shortcoming in the quality, nature and manner of performance which is required to be maintained by the opposite parties and amounts to is deficiency in their service as per Consumer Protection Act 2019. Points 1 and 2 are found in favour of the complainant.
We allow the complaint and pass the following orders.
- We hereby set aside the Ext.A2 and Ext.A3 bills issued to the complainant by the opposite parties on 06/07/2020.
- The opposite parties are directed to issue fresh bills for the period from 01/06/2020 with initial meter reading as 5096 units, excluding the amount of Rs. 35,627/- issued for 4719 units.
- The opposite parties are directed to give Rs.5,000/- (Rupees Five Thousand only) as compensation for the mental agony and hardships.
The order shall be complied within 30 days from the date of receipt of the copy of this order. If not complied as directed the compensation amount will carry 9% interest from the date of this order till realization.
Pronounced in the Open Commission on this the 29th day of July, 2023
Sri.K.M.Anto, Member Sd/-
Sri.Manulal.V.S, President Sd/-
Smt.Bindhu.R, Member Sd/-
Exhibits from the side of the Complainant :
A1 - Licence Agreement between the complainant and
Nalini W/o Late M.K Rajan
A2 & A3 - Original and copy of bill for Rs.37,724/-
Exhibit from the side of Opposite parties :
B1 - Consumer Profile Details of Consumer No.1156382008100
B2 - Copy of electricity bills for the period 06/2019 to 04/2020
B3 - Copy of Bill dated 06/07/2020
B4 - Copy of complaint dated 15/06/2020 lodged by the
complainant to the 2nd opposite party
B5 - Copy of the relevant page of the register showing
the premise parallel meter reading
B6 - Copy of premise inspection report dated 09/10/2020
issued by the 2nd opposite party
B7 - Copy of notice dated 06/10/2020 issued by the
2nd opposite party
B8 - Copy of premise inspection report dated 08/10/2020
issued by the 2nd opposite party By Order,
Sd/-
Assistant Registrar
