This C.C coming on before us for final hearing, on 4-2-2008 in the presence of                   Sri. P.Viplva kumar, Advocate for Complainant , and  of   Sri.Harender Reddy, Advocate for the opposite party No-1 & 2&3 &4 ; upon perusing the material papers on record; upon hearing arguments, and having stood over for consideration, this Forum passed the following:-

ORDER

(Per Smt.V.Vijaya Rekha, Member )

1.          This complaint is filed under section 12(1) of the Consumer Protection Act, 1986 with the following averments;

2.       The complainant is the proprietor of a rice mill, situated  at Wyra (M) of Khammam District  and having electricity  service connection No.436 under category III  to the said rice mill, the complainant paid the monthly consumption charges regularly as per the  bills issued by the opposite parties.  The opposite parties issued a notice and directed the complainant to fix the capacitors  to maintain proper meter reading and the complainant fixed two 5K.V.capacitors on 10-8-2004  and informed the same in writing to the opposite parties with  purchasing  bill of capacitors  and  on 18-4-2005 the opposite parties issued  another notice to the complainant  to fix sufficient capacity capacitors within 3 days for  maintaining the 0.9 power factor  to avoid low power  factor   penalty.  Immediately the complainant  informed the opposite parties with a letter  as  he was already fixed the capacitors  and  after that the  Assistant Engineer  inspected  the mill  and stated that the capacitors are working well and  also stated  that it shows 0.9 power factor, but the opposite parties  issuing  the bills every month with L.P.F. Penalty and insisting the complainant to pay the penalty, accordingly the complainant approached the opposite parties and  requested  to verify  the meter since it is defective.  Instead of rectifying the defect, the opposite parties threatening the complainant that they will disconnect the power supply to the mill of the complainant. The complainant further stated that the opposite parties levied the penalty against the rules, and issued the bill for the month of   July 2005 for Rs.6,263/- for actual usage and Rs.6,670/- as L.P.F. penalty, the complainant addressed a letter to the opposite party No-3 for rectification of the said bill, the opposite party No-3 visited the mill and directed to fix  another 5KV capacitor .  The complainant again fixed 5KV capacitor and informed the same to the opposite parties and the complainant further stated that the opposite parties tried to disconnect the power supply to the service connection No.436 of the complainant and vexed with the attitude of the   opposite parties the complainant approached the Forum  for redressal with a prayer  to direct the opposite parties  not to collect L.P.F. Penalty under service connection  No.436  and to declare the bill for the month of July 2005 is erroneous and illegal and also prayed to award  costs.

3.       Along with the complaint the complainant filed affidavit and also filed original  documents (i)  bill dated 1-8-2005 for Rs.12,933/- issued by the opposite parties(ii) bill dated 10-8-2004 for Rs.1,850/- issued by M.Somanadham Agencies, Khammam.(iii) bill dated 10-8-2005 for Rs.990/- issued by M.Somanadham Agencies, Khammam.(iv) notice dated 18-4-2005 issued by opposite party    No-4 to the complainant, with courier receipt.

4.       After receipt of notice, the opposite parties appeared through their counsel  and filed counter by denying the allegations made in the complaint.                                     

 5.      As per the counter the opposite parties admitted the issuance of service connection to the complainant and denied the other allegations and also stated that as per their rules and regulations the consumers shall maintain the 0.9 power factor by installing the suitable capacitors as per the meter load and ultimately it must reach the power factor as 0.9, and also stated that if there is any failure on the part of the consumers, they may issue notice  and levied the L.P.F Penalty, finally they will disconnect the service connection, as such they issued a notice to the complainant  to fix  sufficient capacitors  for maintaining the power  factor 0.9 and the complainant fix the capacitors but the power factor was not reached  the suitable level i.e., 0.9 as per the meter load, as such the complainant is liable to pay L.P.F. Penalty.    The opposite party further denied that the A.E. inspected the mill and stated that the capacitors are working well and declared that the power factor was 0.9, and also stated that they inspected  the mill on 5-9-2005 and tested the field tested equipment and delivered a report that the meter recording satisfactorily and the opposite parties stated that it shows that the power factor is low as per the rules, as such they intimated the same to the complainant with a notice and levied the penalty and also intimated the complainant regarding the disconnection as per the rules, as such there is no deficiency on the part of them and prayed to dismiss the complaint.

 6.      Along with an affidavit the opposite parties filed Xerox copies of (i) Letter dated 18-4-2005 addressed by the opposite party No-3 to the complainant, along  with    an acknowledgement (ii) Inspection report, dated 5-9-2005.

7.       In view of the above submissions made by the both the parties now the point for consideration before the Forum is whether the complainant is entitled to any relief as prayed or not.       

8.       As per the averments of the complaint,  it is the case of the complainant that the complainant having service connection No.436 to his rice mill and paying the bills regularly and the complainant installed two 5KV capacitors on 10-8-2004 as per the notice given by the opposite parties and the same was informed to the opposite parties by a written representation  and again on 18-4-2005 the opposite parties issued  another notice and directed the complainant to fix a suitable capacitors within 3 days and the complainant made another written representation that he already fixed the capacitors earlier, but the opposite parties levying the L.P.F. penalty on every month bill and in the month of July 2005 they levied Rs.6,670/- as L.P.F. on actual usage bill for Rs.6,263/- and again the complainant fixed another 5 KV Capacitor as per the directions of the opposite party No.3 and alleges  that the opposite parties threatening to disconnect the service connection No. 436.  On the other hand the opposite parties contended the allegations of the complainant and stated that as per the rules the complainant shall maintain the power factor as 0.9 by fixing the suitable capacitors to reach the 0.9 power factor as per the meter load, if there is any failure on the part of  consumers they issued notice to them, in this regard they issued notice to the complainant and levied the L.P.F. Penalty, in support of their contention the opposite parties  filed notice dated 18-4-2005, issued to the complainant  and as per the notice the opposite parties directed the complainant the capacitors provided by the complainant are low capacity capacitors, and shall be provide sufficient  capacity  capacitors to reach 0.9 P.F., after issuance of notice  by the opposite parties the complainant purchased 5KV capacitor on 10-8-2005 and reported the same to the opposite parties and requested to rectify the defect in the meter.  Accordingly the opposite parties inspected the meter of service connection No.436 on             5-9-2005 with field testing equipment and issued a test report that the meter recording satisfactorily. Moreover in support of his contentions  the complainant  did not filed  any material to prove that he provided sufficient capacity capacitors to reach the prescribed reading as per the rules,  in the absence of any proof, cannot fasten any liability on the part of the opposite parties and as such this point is answered accordingly against the complainant.

9.       In the result the C.D. is dismissed.  No costs.                                                                                                                                                                                                                 Typed to my dictation, Corrected and pronounced by us, in this Forum on this 13th   day of  February, 2008.

                                                                   President         Member             Member

                                                             District Consumers Forum, Khammam

APPENDIX OF EVIDENCE

Nil

                                                                           President     Member             Member                                                                                   District Consumers Forum, Khammam