F.A.No.782/2007   against  C.D.No.63/2006  ,  District Forum, Chittoor .

Between-

1.The A.P.Southern Power Distribution Company Ltd.,

    Tirupati , by its S.E.

2. The Divisional Engineer, APSPDCL., Chittoor,

3. The Assistant Engineer APSPDCL,

    V.Kota Post and Mandalam,

     Chittoor District.                                                                           ... Appellants/

                                                                                                                 Opp.parties

                And

1.M.A.Rahman Khan, S/o.M.A.Usman Khan, ,

    Aged about 76 years,

2. M.A.Ayub Khan , S/o.M.A.Rahman Khan,

    aged about 29 years,

     both are Muslims, business, residing at D.No.1-198,

     V.Kota and  Post and Mandal, Chittoor District.

 Counsel for the appellants             -      M/s.V.Ajay Kumar      

Counsel for the respondents             -     party in person  

CORAM- THE HON’BLE JUSTICE SRI D.APPA RAO, PRESIDENT  

              SMT.M.SHREESHA, HON’BLE  MEMBER

                                                       AND

                      SRI G.BHOOPATHI REDDY, HON’BLE MEMBER.

          TUESDAY,  THE   EIGHTH   DAY OF JULY 

  TWO THOUSAND EIGHT.

Oral Order-  (Per Sri G.Bhoopathi Reddy, Hon’ble Member)

                                                            ---

      This is an appeal filed by the appellants/opp.parties under Section 15 of the Consumer Protection Act,1986  to set aside the  order passed by the District Forum, Chittoor  in C.C.No.63/2006 dt. 28.3.2007. 

     The respondents herein are the complainants before  the District Forum.

They filed complaint to direct the  opp.parties to  change the meter to the S.C.No.2022  to their house  at D.No.1-198 Palamner road, V.Kota and post, Chittoor District  and to pay  Rs.30,000/-  the excess amount collected from them or such amount  found due after ascertainment of the same with interest thereon at 12 percent p.a.  and to pay costs of the complaint.

         The case of the complainants is as follows-

The complainant no.1 is the father of the complainant no.2 and they constitute a joint family  and they have residential house at Door No.1-198 Palamner road, V.Kota post and mandal , Chittoor Dist.  The house has electricity service connection no.2022  which stand in the name of the complainant no.1. The electricity consumption charges  for the said service connection for the period from 3.1.2006 to 3.2.2006  is Rs.144/-    and for the period from 9.2.2006 to 9.3.2006  it shot upto Rs.7,880/- .   The complainant  no.1 made an application dt. 11.3.2006 to the A.E., A.P.S.P.D.C.Ltd., V.Kota  stating that there was fault in the meter  and requested to cancel the bill  for Rs.7,880/-  and change the meter, but there was no response  .  The complainant  no.1 also made representation dt.27.4.2006  to the S.E. , A.P.S.P.D.C Ltd.,  Renigunta road , Tirupati  .   The complainants received the bill for Rs.195/-    for the period from 3.3.2006 to 3.4.2006   and received bill for excessive amount of Rs.14,269/-  for the period from 4.4.2006 to 4.5.2006  and bill for an amount of  Rs.1,403/-  for the period from 4.5.2006 to 4^,  6 .2006  and a bill for an amount of Rs.611/- for the period from 7.6.2006 to 7.7.2006   Due to the fault in the meter  the complainants  received bills with excess meter reading   and  the opp.parties failed to replace the meter.  Alleging deficiency in service the complainant approached the  District Forum to direct the opp.parties change the meter to the S.C.No.2022  to the house of the complainants at  D.No.1-198 Palamner road, V.Kota and post, Chittoor District  and to pay Rs.30,000/-  the excess amount collected from them or such amount  found due after ascertainment of the same with interest thereon at 12 percent p.a.  and to pay costs of the complaint.

       The opp.party no.3 filed written version which was adopted by the opp.parties 1 and 2 .   The opp.party contended that the allegations in the  complaint are subject to strict proof  and the rest are false  except that are specifically admitted.    The opp.party states that there is no deficiency in service  on their part  and there was no excess amount collected from the complainants. The opp.party prays for dismissal of the complaint.

      The complainants filed evidence affidavit and it is marked as deposition of PW.1 .The documents Exs.A1 to A7 are marked on behalf of the complainants .   On behalf of the opp.parties K.Poornachandra Kumar Additional Asst. Engineer, APSPDCL ., V.Kota filed his affidavit  and the same is marked as  the deposition of RW.1.    The document Ex. B1 is marked on behalf of the opp.parties.  The District Forum based on  the evidence adduced and pleadings , directed the opp.parties to change  the meter  to the service connection no.2022 to  the house of the complainants at D.No.1-198, Palamner road  , V.Kota and Mandal, to charge on minimum basis for the disputed period  i.e.  from February,2006 to June,2006 and refund the excess amounts charged from the complainants with interest at the rate of 9 percent p.a. from the date of the complaint till the date of realisation. and to pay costs of Rs.2000/- .        

        Aggrieved by the said order the appellants/opp.parties preferred this appeal contending that  there is no defect in the meter   and the complainants failed to prove that the meter was defective.    When the meter reading was not completely recorded in one month , the meter reading would be the last month unrecorded reading  + current month consumption and have the fluctuation . The appellants  contended that there is no deficiency in service on their part  and order passed by the District Forum may be set aside. 

      The point for determination is whether the order passed by the District Forum is sustainable.

       There is no dispute with regard to the complainant no.1  is a consumer of electricity with service connection no.2022 to his house.    The  complainant received electricity  bill  for an amount of Rs.144/-  for  the period from 3.1.2006 to 3.2.2006   and a bill for an excessive amount of Rs.7,880/-  for the period from 9.2.2006 to 9.3.2006 .The complainant has complained to the  Asst..Engineer, APSPDC Ltd. on 11.3.2006   under  Ex.A1 to cancel the bill and change the meter   as it is defective meter. Thereupon  the complainant has made a representation  to the  Superintending Engineer, APSPDCL.   under Ex.A4  requesting to cancel the faulty excessive  meter reading  and  arrange the new energy meter.    The appellants contended that  on the complaint of the complainant about the excessive bill and  defective meter   they have given a ledger copy abstract of transaction details wherein details of the  consumption charges    were noted.   The said ledger copy itself  goes to show that the complainant was irregular in payment of the electricity bills.  Except the  letter correspondence and bills the complainant has not filed any other documentary evidence  to prove that the meter is defective due to which he received excessive bills. . The District Forum has not properly appreciated the evidence on record and given finding directing the opp.parties  to change the meter  to the service connection  to the house of the complainants. Order passed by the District Forum is not sustainable. 

      In the result appeal is allowed without costs .  Order of the District Forum is set aside. 

                                    PRESIDENT             LADY MEMBER          MALE MEMBER

                                                                           Dt.8.7.2008

PM-