BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM,

ERNAKULAM.

Date of filing : 25/11/2010

Date of Order : 31/01/2012

Present :-

Shri. A. Rajesh, President.

Shri. Paul Gomez, Member.

Smt. C.K. Lekhamma, Member.

C.C. No. 626/2010

Between

And

O R D E R

A. Rajesh, President.

1. The case of the complainant is as follows :

The complainant is conducting a shop for earning his livelihood by means of self-employment. The electricity connection for the shop stands in the name of the land owner Mr. V.B. Vijayan. The business was started in December 2008. Before starting the shop, at the request of the complainant after the inspection conducted by the Sub-Engineer the connected load was increased. Prior to that the meter was working properly. The facts being so, on 27-05-2010, the complainant was served with an additional bill for Rs. 16,533/-. In the said bill, it has been stated that the bill amount was calculated on the basis of an audit report. Though the complainant was liable to pay the bill amount, the complainant to avoid disconnection remitted half the bill amount on 03-11-2010. The additional bill for Rs. 16,533/- towards back assessment is without any basis and the complainant is not liable to pay the said amount. Thus, the complainant is before us seeking direction against the opposite party to withdraw the disputed bill and to refund the remitted amount. This complaint hence.

2. The version of the opposite parties :

Mr. M.P. Vijayan, Vettukattil House, Muvattupuzha is the registered owner of the consumer No. 9648. The sanctioned connected load was 300 watts. The inspection team of Regional Audit Officer, K.S.E. Board on an inspection in the Section Office on 26-01-2010 found that the energy consumption of the connection was recorded as '0' during meter faulty period. The faulty meter was replaced on 14-11-2008. The consumption back assessed for 6 months. Based on the meter reading available in 3 bimonths after changing the faulty meter and issued the bill in question. The complainant is liable to remit that amount. The opposite party requests to dismiss the complaint.

3. No oral evidence was adduced by the complainant. Ext. A1 and A2 were marked on his side. Neither oral nor documentary evidence was adduced by the opposite parties. Heard the learned counsel appearing for the complainant.

4. The points that arose for consideration are the following :-

1. Whether the complainant is liable to pay the amount as per the bill in question?

2. Whether the complainant is entitled to get refund of the amount remitted in the excess?

5. Point No. i. :- During the proceedings in this Forum, as per the order in I.A. No. 709/2010 dated 27-11-2010, this Forum directed the 2^nd opposite party to refrain from disconnecting the electric connection till disposal of the complaint. According to the complainant, he is not liable to pay the amount as per Ext. A1 back assessment bill since his consumption of electricity was properly recorded in the previous electric meter. On the contrary, the opposite parties maintain that the meter was replaced on 14-11-2008 and since the meter reading was not available prior to the replacement of the electric meter they have retrospectively calculated the electricity charges for 6 months and issued the disputed bill.

6. Admittedly, the electric meter of the consumer was replaced on 14-11-2008. Since the proper meter reading prior to the replacement of the electricity meter is not available, the complainant is liable to pay the electricity charges under Regulation 19 (2) of the Kerala Electricity Supply Code 2005.

7. In view of the above, we partly allow the complaint and direct as follows :

1. We set aside Ext. A1 additional bill dated 20-05-2010.

2. The opposite parties shall jointly and severally issue a fresh arrear bill to the complainant under Regulation 19 (2) of the Kerala Electricity Supply Code 2005 to the complainant based on the meter replaced on 14-11-2008.

3. The opposite parties shall adjust the remittances if any made by the complainant with the future bills. It is made clear that the order in I.A. No. 708/2010 shall be in force till the issuance of the bill as stated above.

The order shall be complied with, within a period of one month from the date of receipt of a copy of this order.

Pronounced in open Forum on this the 31^st day of January 2012

Sd/- A. Rajesh, President.

Sd/- Paul Gomez, Member.

Sd/- C.K. Lekhamma, Member.

Forwarded/By Order,

Senior Superintendent.

A P P E N D I X

Complainant's Exhibits :-

Opposite party's Exhibits :: Nil

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