Kerala

StateCommission

A/14/412

THE SECRETARY, KERALA STATE ELECTRICITY BOARD - Complainant(s)

Versus

M.K KESAVAN - Opp.Party(s)

B SAKTHIDARAN NAIR

15 Jul 2016

ORDER

KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION SISUVIHARLANE VAZHUTHACADU THIRUVANANTHAPURAM

 

APPEAL NO.412/14

JUDGMENT DATED : 15.07.2016

 

(Appeal filed against the order in CC.No.239/2013 on the file of CDRF, Idukki order dated : 24.03.2014)

PRESENT

SRI.K.CHANDRADAS NADAR   : JUDICIAL MEMBER

SRI.V.V.JOSE                          : MEMBER

 

APPELLANTS

1.The Secretary,

Kerala State Electricity Board,

Vydhyuthi Bhavan,

Pattom.P.O

Thiruvananthapuram

 

2.The Assistant Engineer,

Kerala State Electricity Board,

Electrical Section No.1

Thodupuzha, Idukki District

 

(By Adv.Sri.B.Sakthidharan Nair)

 

Vs

RESPONDENT

M.K.Kesavan,

S/o.Govindan,

Moolampuzhayil House,

Kumaramangalam.P.O

Thodupuzha , Idukki District

Rep.by his daughter Laila,

W/o.Rajan, Karedathu House,

Thamaramkulangara, Thrippunithura,

Ernakulam District – 685 597

 

 

JUDGMENT

SRI.V.V.JOSE  : MEMBER

This appeal is filed by the opposite parties against the order in CC.No.239/13 on the file of CDRF, Idukki dated 24.04.2014 directing the opp.parties to cancel Ext.P2 bill for Rs.73996/- and to reinstate the electric connection.

2.     The contents of the case is as follows. Complainant is an old man of 92 years, with several diseases including loss of memory. He is represented by his daughter Laila. As he is alone, usually resides at the residence of his son, with his daughter in Law named Sneha. Her husband is working abroad. The complainant used to come and reside in his house one or two days every week. The house will be locked when he is not there. Some officials of the second opposite party informed the son of the complainant in the second week of July 2013, the disconnection of the electricity connection of the house of the complainant alleging theft of electricity. The average consumption per month is below 80 units. Opposite party issued a bill of Rs.73,996/- as penal charge and other charges. The connection was disconnected and the electrical meter was also taken away. This was happened when the complainant was out of station, locking the house. The opp.party inspected the house in a locked position. The complainant is promptly paying the bills issued by the opp.party. Regularly reading is taken also. So this petition is to have a direction to set aside the bill and to reconnect the electric connection and also for compensation to the tune of Rs.45,000/-. The version filed by the opp.parties contends that on 11.07.2013 the APTS, Vazhathoppu conducted an inspection in the premises of the complainant and found that a foreign object which is a tongue cleaner was inserted in the energy meter of the house bearing consumer no.22600/TPZ. The devise was inserted into the mechanical meter so as to block the rotation of disc which results in recording the consumption. As the house was locked the officials informed the consumer over phone. Her daughter in law attended phone call but was not willing the co-operate. Matter was informed to police authorities and village authorities. Further inspection was conducted in the presence of police and revenue authorities. FIR was prepared and a case was filed against the consumer before the First Class Magistrate Court, Thodupuzha. A site Mahasar was prepared by the Assistant Engineer, Electrical Section No.1, Thodupuzha. As the premises was locked at the time of inspection , connected load in the premises was notionally assessed as 2473 watts based on the installations and equipments seen from the outside of the house. The meter along with the devise used for theft had taken in safe custody for evidence. Subsequently a bill for Rs.73996/- for a period of five years prior to the date of inspection had been issued to the complainant Under Section 135 of Electricity Act 2003 based on the consumption computed to 420 units per month from the connected load recorded in the mahasar. Insertion of tongue cleaner in the electric meter to cease recording of consumption in the premises is a fraudulent act of theft of electricity by the complainant. The average bimonthly consumption recorded in the same energy meter during 2002 was 188 units. Since the door was locked the opp.parties were restricted to assess the connected load by taking electrical installations and equipments seen from outside of the house. The meter reader normally take reading on same dates is alternate months. The complainant might have removed the foreign object from the energy meter when meter reader come and take reading in his house and inset it after his departure. The complainant is liable to pay the assessment made under section 135 of Electricity Act 2003. Opp.parties claims that the consumer forum is not having any jurisdiction to entertain complaints made by an assessing officer in exercise of his statutory obligation and sought for a dismissal. The forum below framed issues that, is there any deficiency in service on the part of opp.parties and if so the relief entitled.    

        3.     The evidence consists of oral testimony of PW1 and PW2 and Exts.P1 to P3 marked on the side of complainant and oral testimony of DW1 and DW2 and EXts. R1 and R2 marked on the side of opp.parties.

4.     The Lower forum after elaborative considering various technical aspects came to the conclusion that the complaint is maintainable and therefore allowed by cancelling ExtP2 bill and with a direction to reconnect the power supply with in seven days of receipt of the order. The forum also gave liberty to issue a corrected bill for the period from the date of non working of the meter after conducting a detailed inspection of electrical equipments and expert inspection of the meter.

        5.     Aggrieved by the said order the opp.party filed this appeal on various grounds.

        6.     Heard, the counsel for the appellant. The respondent / complainant represented by his daughter Laila Girija have not appeared and contested the appeal. We have carefully gave through the appeal memorandum and the arguments advanced by the learned counsel for the appellants. We have also perused the lower court records.

        7.     It is observed that the complaint was filed by Laila the daughter of the complainant on authorization The complaint was filed on 15^th July 2013. It is avered that the complainant is 92 years old and have represented through his daughter. The authorization is marked as Ext.P3 without objection. However, the lower forum observed that the complainant expired on 29.09.13and three of his daughters including the person who filed the complaint earlier filed a fresh vakalth on 10.10.13. But the forum failed to incorporate the legal heirs who have filed vakaltah and got impleaded were not incorporated in cause title. In fact when the order passed on 24.03.14 the defacto complainant was not alive. No death certificate is seen produced or petition for impleading is not seen filed. Except the vakalath filed on 10.10.13, nothing is on record to show the death of the complainant and impleadment of parties. On 30.01.2015 the death of the respondent was reported. Direction was given to implede legal heir. On 11.09.2015 Girija.M.K was impleded as additional second respondent.

        8.     It is also found that is IA.No.83/13 the lower forum directed the complainant to pay 1/3 of the bill and get the connection reinstated. It is not known whether that was complied by complainant or opp.party.

        9.     Admittedly, the KSEB power theft/squad  Vazhathoppe on 11.07.2013 conducted an inspection in the premises of the complainant and found a foreign object  inserted into the energy meter of the house bearing consumption no.22600/TPZ. The foreign object was identified as a tongue cleaner. The device was seen inserted into the meter allegedly to block the relation of the disc which records the consumption. However, as the premises was locked, the detection of theft was intimated to the consumers relative over phone but there was no proper response or co-operation on the side of the complainant consumer. Normally the local police was informed and assistance of village office was sought. FIR was prepared and case was filed before Magistrate Court. The fate of the case is not informed to us.  A site mahassar was also prepared and both these documents are marked as Ext.R1 and R2. Due to the non co-operation of the consumer and due to the premise was in locked, condition the connected load was assessed as 2473 watts. A bill was issued to the complainant which was produced by them and marked as Ext.P2. The amount of Rs.73996/- was assessed. According to the opp.party for a period of five years prior to the date of inspection as per Sec. 135 of Electricity Act. The average consumption was computed at 420 units per two months.         The contention of the complainant is that their bimonthly consumption was 100 units or so as per the previous bills produced as Ext.P1 (a). The latest bills pertaining to February 2013 to April 2013 the consumption is 102 units. The meter is working and security deposit is only Rs.192. The bill pertaining to April to June 2013 is not produced. It is not known what prompted the complainant consumer to insert a foreign devise, apparently appears to be for no reasons. We can not conclude it to be an innocent act. The immediate benefit of the insertion also cannot be presumed. It is true that power theft squad made a surprise visit and detected the insertion of a foreign device. Such act can only be presumed to be an act which constitutes act for theft of energy. There was no enemity between the complainant and opp.party to attribute any motive against the opp.party, which was a surprise visit. Pursuant to the detection the anti power theft squad complied all formalities as required under law. FIR is registered. Mahasar is prepared. Crime is registered and case is also registered in the Judicial First Class Magistrate, Thodupuzha. By doing so opp.party has complied the requisite compliance in such circumstances and we cannot assume or pressure any innocence on the part of the complainant by using a tounge cleaner simply inserting in a electric meter. The lower forum was seen triggering the technical and super technical reasons to allow the complaint by evaluating the FIR and site mahasar. According to us in such circumstances it is incumbent in the part of the complainant to explain how the foreign body was inserted and why it was inserted. Forum did not find any reasons to justify these aspects. The age of the complainant is very immaterial. Even the complaint was filed by his daughter. The complainant died within few weeks after filing the complaint. The mere testimony of a neighbor will not sufficient to justify the complainant. The burden is with complainant to answer the circumstances. It is lacking in this case, we do not find any reason to upheld the order of the lower forum. The lower forum has passed the order mechanically. Therefore, we have no hesitation to set aside the order of the lower forum dated 24.30.2014 in CC.No.239/13. We are doing so.

        In the result, the appeal is allowed, the order of the lower forum in CC.NO.239/13 is set aside dated 24.03.2014. The complaint is dismissed. The complainant shall pay the P2 bill in six installments and get the connection reinstated on remitting the first installment, if already not reinstated so far. Parties shall suffer their cost. The order is to be communicated to the lower forum immediately and consign the records back to the lower forum.

K.CHANDRADAS NADAR : JUDICIAL MEMBER

 

 

 

V.V.JOSE                         : MEMBER

 

 

Be/

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

KERALA STATE

 CONSUMER DISPUTES

REDRESSAL COMMISSION

 SISUVIHARLANE

VAZHUTHACADU

 THIRUVANANTHAPURAM

 

APPEAL NO.412/14

JUDGMENT DATED : 15.07.2016

 

 

 

                                                                      BE/