DISTRICT CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD Dated this the 25th Day of November 2011 Present : Smt.Seena H, President : Smt. Preetha.G. Nair, Member : Smt. Bhanumathi.A.K, Member Date of filing: 04/03/2011 (C.C.No.38/2011) Harilal.S S/o.K.Sukumaran, National Engineering Work, Marutharoad, Palakkad. (Adv.Rajesh.M) - Complainant V/s 1.K.S.E.B. (Rep.by) Secretary, Pattom, Thiruvananthapuram 2.Asst.Exe.Engineer, K.S.E.B. Marutharoad Section, Palakkad. 3.Assistant Engineer, K.S.E.B. Marutharoad, Electrical Section, Palakkad. - Opposite parties (By Adv.M.S,Skaria) O R D E R By Smt.PREETHA G NAIR, MEMBER The complainant is running a small scale industrial unit, named as National Engineering Works and the unit is registered under the Industries Department as S.S.I. Unit. The unit was working smoothly till A.P.T.S. Squad along with officers of the Squad came to the premises of the complainant on 10/01/2011 and prepared a site mahazar. In which the officers calculated lots of lot and the complainant is not aware with the technical aspects put his signature on it. Subsequently a provisional assessment was made and served to the complainant. The provisional bill is challenged and objection was raised against it before the authorized officer. After receiving the objections hearing was conducted in the section office on 7/2/2011. The consumer is having a sanctioned load of 10KW. The assessed load as per the squad is 29 KW. The load in the consumer number 9779 as per the inspection of the electrical supervisor is as mentioned below: Total power load as per the inspection of the supervisor is 9230 Watts. Total light load in the industry is as per the mahazar is 930 watts. The total load in the industry is 9230 + 930 = 10160 Watts = 10.1 KW. There is no basis for any calculation for 29 KW load in the industry which is having only a small addition of 0.1 KW additional load. The method of calculation for the welding machine is non conventional and without any basis. The out put current is taken into consideration against the provisions of the act to come to an assessment of 19 VA which is against all the limits. Further more some of the machines which are kept for selling it to the customers of the consumer is taken as power loads which is opposed by the consumer but not accepted by the authorities so far. At the time of hearing of the objections all the relevant documents has been produced. Thereafter a final bill for an amount of Rs.30,939/- is handed over to the consumer without considering his objections on merits. The load of the portable welding set which is used for the work in the site is also included in the mahazar which is incorrect. The portable hand load of Grinder, Sander and the welding sets are incorrect. The portable hand sieve is used for site work and not used in the industry as such. The load of the sand sieve machine is included in the mahazar actually it is purchased from Thirumugan Industries for supply to the Shivahari Builders Pvt.Ltd. on 28/10/2010. The welding machine 250 Amps is purchased on 19/3/2010. The hand grinding machine is brought only on 30/6/2010 which is brought to the notice of the authorities but not considered in the final bill. The final bill is dated 14/1/2011 prior to actually considering the objections of the complainant and is illegal. All these acts of opposite parties comes into the category of clear deficiency of service. Hence the complainant prays an order directing the opposite parties to - Withdraw the penal bill dated 14/1/2011 issued to consumer number 9779
- Pay Rs.5,000/- as compensation for mental agony and loss.
- Pay cost of the proceedings.
3rd Opposite party filed version for and on behalf of all the opposite parties. The opposite parties admitted that the complainant is provided with an electric connection with consumer number 9779 for industrial purpose. The connection is provided free of cost under Industrial priority to the complainant. Further opposite parties stated that the connection was issued to the complainant on 3/7/09 with a connection load of 9.38 KW. The monthly fixed charge to the complainant is being billed based on the connected load. If the complainant needed to enhance connected load, submit an application in the office of 3rd opposite party and they study the technical feasibility and allow the complainant to connect the additional load. The complainant had not submitted any such application with the 3rd opposite party for adding additional loads till 10/1/2011. Being so on 10/1/11 the authorized officer of electrical section conducted a surprise inspection in the complainant’s premises in the presence of APTS of K.S.E.B. and the complainant. On inspection revealed that the complainant has connected to the K.S.E.B. supply system and is using electrical equipments totaling to 28.79 KW of power. The approved connected load of complainant is only 9.38 KW. The complainant willfully concealed the fact of adding additional loads from the opposite parties. Therefore all the loads over and above 9.38 KW is unauthorized and liable to be penalized as per Section 126 of the Electricity Act. A provisional bill amounting Rs.37,926/- was issued to the complainant on 13/1/11 as per law. The complainant filed his objection before the assessing officer. Based on the conclusions arrived in the hearing the assessing officer revised the provisional bill and issued a final bill to the complainant for Rs.30,939/- on 5/3/11. It is incorrect to say that the light load is taken as 3130 Watts in the site Mahazar. The Site Mahazar totals the load as 5 HP+ 3130 Watts + 25.8 KVA. The figure of 3130 watts shown in the Site Mahazar is not light load alone, but the total of light loads (930 Watts) and one portable hand grinder rated 2200 Watts, as is evidenced by the Site Mahazar. The complainant has shown the load of welding sets as 3000 Watts for 3 phase and 2500 watts for 2 phase. The rating of welding set is to be calculated as output current multiplied by the output voltage. A minimum of 36 volts has to be mentioned for carrying out any welding. The output current rating of the welding set is punched on the welding set name plate. For the three phases welding set, the out put current is seen punched as 300 Amps. Hence the rating of three phase welding set is 36 x 300 = 10,800 VA. For the two phase welding set the output current is seen punched as 250 Amps and hence the rating is 36 x 250 = 9000 VA. Apart from these two welding machine there was 3rd welding machine for 6 KVA. Thus the total rating of welding set is 25.8 KVA. The inspecting team only took those load which were connected and being put to use at the time of inspection. The site Mahazar does not speak about any sand sieve machine. The complainant is being supplied power in the highly subsidized industrial tariff for carrying out industrial and production activity. The statement of the complainant that he had purchased a sand machine for selling it to another party reveals that the complainant is engaged in purchasing and selling machine. This is a commercial activity. The penal bill of 10/1/2011 is the result of willful concealment of additional load by the complainant from the opposite parties for which law provided penal action. There is no allegation of deficiency of service. Hence, the opposite parties prayed that the complaint dismissed with cost. Both parties filed affidavits. Ext.A1 to A7 marked on the side of the complainant. Ext.B1 to B5 marked on the side of the opposite parties. Complainant cross examined as PW1. 2nd opposite party cross examined as DW1. Matter was heard. Issues to be considered are - Whether there is any deficiency in service on the part of opposite parties ?
- If so, what is the relief and cost entitled to the complainant ?
Issue No.I & II We perused relevant documents on record. Admittedly the complainant is provided with an electric connection with consumer number 9779 for industrial purpose. The opposite parties stated that the connection was issued to the complainant on 3/7/09 with a connection load of 9.38 KW. On 10/1/2011 the authorized officer of Electrical Section conducted a surprise inspection in the presence of APTS and the complainant. On inspection revealed that the complainant has connected to the K.S.E.B. supply system and is using electrical equipments totaling to 28.79 KW of power. The approved connected load of the complainant is only 9.38 KW. The opposite parties stated that the complainant had not submitted any application for enhancing the connected load. The complainant stated that without properly understanding the claim, the opposite parties in their counter states that he is doing commercial activity. The activity of the complainant is production of mixer machine and allied building equipments. The complainant stated that he is running a small scale industrial unit registered under the Industries Department as SSI Unit. No documentary evidence was produced by the opposite parties to show that complainant is doing commercial activity. The consumer is having a sanctioned load of 10KW. The assessed load as per the Squad is 29 KW. The opposite parties stated that if the complainant needed to enhance his connected load he submit an application in the 3rd opposite party office and study the technical feasibility and allow the complainant to connect the additional load. At the time of cross examination of 2nd opposite party deposed that now the sanctioned connected load of complainant is 15 KW. So after the inspection the complainant filed application and enhanced his connected load. In Ext.B5, the final assessment bill shows the details of unauthorized additional load for Rs.30,939/- In Ext.B2 the provisional bill shows “the last 18 months average consumption is 185 units and total amount is Rs.37,926/-”. Thereafter the complainant filed objection. The complainant stated that at the time of hearing of the objections all the relevant documents has been produced. In Ext.B4 shows the complainant present for hearing and produced documents. In Ext.B5 the unauthorized additional load of 11 KW – 8 months, 17KW – 3 months and 19 KW – 7 months of assessment bill was calculated. The opposite party stated that a 3rd welding machine of 6 KVA rating being put to use at the time of the inspection and the complainant is silent on the 3rd welding set in his load calculation. The opposite parties stated that the final bill is issued on 5/3/11 after hearing the complainant as per law. Further opposite parties stated that the figure of 3130 watts in the site mahazar is not light load alone, but the total of light loads and one portable hand grinder rated 2200 watts. In Ext.B1 site mahazar shows the details of equipments connected to the electricity. In Ext.B1 nowhere stated the load of sand sieve machine. The complainant has not produced evidence to show that the equipments mentioned in Ext.B1 was not used his unit. In Ext.A4, A5 and A6 shows some of the machines purchased on 8/10/11, 28/10/11 and 30/06/10. The complainant stated that some of machines which are kept for selling it to the customers of the consumer is taken as power loads which is opposed by the consumer but not accepted by the authorities. No evidence was produced by the complainant to show that these machines are not connected in the electricity. In Ext.B1 Site Mahazar mentioned that the equipments are connected to the electricity and the load calculation is increased as 28.79 KW. In the above discussions we are of the view that complainant is miserably failed to prove any deficiency in service on the part of opposite parties. Hence the complaint dismissed. Orders in IA passed shall stands vacated and the amount deposited as per order in IA shall considered in the penal bill. Pronounced in the open court on this the 25th day of November 2011 Sd/- Seena.H President Sd/- Preetha G Nair Member Sd/- Bhanumathi.A.K. Member APPENDIX Exhibits marked on the side of the complainant Ext.A1 – Copy of Site Mahazar dated 10/1/11 Ext.A2 – Copy of provisional bill dated 13/1/11 Ext.A3 – Copy objection filed by complainant dated 20.1.11 Ext.A4 – Letter of purchase order of Sivahari Builders dated 8/10/10 Ext.A5 – Bill dated 30/6/10 of AMB Bearing & Chain Centre, Palakkad Ext.A6 – Bill dated 19/3/10 of Bharath Engineering & Machine works, Coimbatore Ext.A7 – Bill dated 28/10/10 Sree Thirumugan Industries, Coimbatore Ext.A8 – Original bill for Rs.30,939/- dated14/1/11 issued by opposite parties Witness examined on the side of the opposite parties PW1 – Harilal Exhibits marked on the side of the Opposite parties Ext.B1 – Copy of Site Mahazar10/1/11 Ext.B2 – Copy of provisional bill dated 13/1/11 Ext.B3 – Copy objection filed by complainant dated 20.1.11 Ext.B4 – Copy of hearing conducted on 7/2/11 Ext.B5 – Copy of calculation statement of final bill Witness examined on the side of the opposite parties DW1 – Sri Ram.P.V. Cost Allowed No cost allowed. | 
