By Smt. C. S. Sulekha Beevi, President,

1. The complainant is a consumer under opposite party for supply of electricity to her house which is categorised in LT I (1) tariff for payment of energy charges. For the past four years the complainant was residing at Calicut with her daughter and resumed to stay in the present house from last week of March, 2008 only. Thus the house was unoccupied for 4 years. On 19-4-2008 the officials from Electricity Board who introduced themselves as Anti Power Theft Squad, Kozhikkode conducted an inspection and stated that the meter was not showing correct consumption. They stated that non-metering of energy amounted to theft of energy. The power was immediately disconnected and a letter was issued by opposite party demanding Rs.1,41,480/- along with bill dated, 19-4-2008. The complainant was informed that entire proceedings will be closed if 50% of the amount is remitted on the same day. Complainant expressed her objections. There upon the officials came with Vengara Police and she was threatened tobe arrested and detained. On 21-4-2008 due to the mounting pressure from opposite parties the complainant submitted a representation to second opposite party who passed an order directing the complainant to pay 50% on the same day and to pay the balance in two equal instalments. The supply was then restored on 23-4-2008. Complainant alleges that the assessment is incorrect and defective, and that she is not liable to pay any amount. She alleges deficiency in service against opposite parties. Hence this complaint.

2. Third opposite party filed version on behalf of all opposite parties admitting, the complainant to be consumer for domestic supply of electricity and billed under LT I (a) tariff. The averment that the house was unoccupied for 4 years is denied as false. It is submitted that the Anti Power Theft Squad, Kozhikkode conducted a surprise inspection along with Sub Engineer, Vengara section on 18-4-2008 and theft of energy was detected. The seals of the energy meter was tampered. On inspecting the meter in the presence of complainant it was found that, one of the wire from the current transformer to the printed circuit board was found removed. Also R3A resistor was found removed and a capacitor was found to be connected. In this way, the meter was recording only a portion of the actual consumption of energy and this resulted in revenue loss to Kerala State Electricity Board. A Site mahazar was prepared which was signed by complainant and witnesses. The meter was seized and the supply was disconnected. A penal bill for Rs.1,41,480/- was issued. The cost of new meter is included in the bill. The other averments in the complaint that opposite party threatened the complainant and forced her to pay the amount are denied. As per order of Deputy chief Engineer 50% of the penal bill was remitted and instalment facility was given for the balance amount. Complainant committed theft of energy for which the penal bill was issued as per provisions of law. That there is no deficiency in service

3. Evidence consists of the proof affidavit filed by complainant and Exts.A1 to A5 marked for complainant. Opposite party filed counter affidavit and Exts.B1 to B6 marked for opposite party. Either side did not adduce oral evidence.

4. The complainant is aggrieved by the issuance of the penal bill for Rs.1,41,480/- which is Ext.A2.

5. It is the case of opposite party that on a surprise inspection conducted on 18-4-2008 theft of energy by tampering meter was detected. Opposite party placed reliance upon Ext.B2 mahazar. In this document opposite party has stated about the detection of theft by tampering the seal of the meter. But on perusal of the entire records we are able to see that after the investigation/inspection conducted by opposite party under Section 126(1) of the Indian Electricity Act 2003 opposite party has issued Ext.A2 penal bill demanding the complainant to pay Rs.1,41,380/-. Though it is written upon Ext.A2 as ’provisional bill’, opposite party has neither received objections nor conducted hearing as under Sec.126 (2) and (3) of Indian Electricity Act. Opposite party has not even passed a final bill/order. Ext.A2 provisional bill was enforced by opposite party where in the complainant has remitted 50% of the amount and thereafter has approached this Forum challenging the bill. Opposite parties do not have a case that after serving Ext.A2 bill, the complainant was given opportunity to file objections, hearing was conducted and a final bill was passed. Per se the mandatory provisions embodied in Sec.126(3) has not been complied by opposite party in making the assessment. In our view, such provisions in the Statute are intended to safeguard the interest of innocent consumers against the arbitrary and high handed actions of officers. Violation of these provisions renders the bill legally unsustainable.

6. This position has been settled by the Apex Commission in Haryana Bijili Vitran Nigam Ltd. Vs. Megh Raj in R.P.3544/07 order dated, 11-9-2008. It was held that it is necessary to follow the entire procedures contemplated in Sec.126 before passing the final order and enforcing such order. On this ground we hold that Ext.A2 bill issued by opposite party is illegal. Issuing such bills not in accordance with the provisions of law is deficiency in service. We find opposite party deficient in service.

7. From the above discussion the prayer for cancellation of the bill is only to be allowed. But this bill also includes Rs.2,250/- as cost of meter and Rs.50/- as testing fee. If a new meter has been installed then complainant is liable to pay the cost of such meter. It is seen as per Ext.B1 that opposite party has lodged a criminal complaint before Vengara police station for theft of energy under Sec.135 of Indian Electricity Act. We do not enter any finding as to the theft of energy and do not interfere with the prosecution if any initiated by opposite party. Our finding by this order is limited to assessment made in Ext.A2 which we hold as illegal and unsustainable. In our opinion cancellation of the bill would be adequate relief to the complainant in this case.

8. In the result we allow the complaint and order the following:-

(i) Ext.A2 penal bill for rs.1,41,380/- is cancelled.

(ii) Any amount paid by the complainant towards this bill shall be adjusted to the future electricity bills of the complainant.

(iii) Complainant is liable to pay Rs.2,500/- towards cost of meter and testing fee if new meter has been installed in regard to the issuance of Ext.A2 bill.

(iv) The time for compliance of the order is fixed as one month from the date of receipt of copy of this order.

 

Dated this 19th day of January, 2010.

Sd/-

C.S. SULEKHA BEEVI, PRESIDENT

Sd/-

MOHAMMED MUSTAFA KOOTHRADAN, Sd/-

MEMBER E. AYISHAKUTTY, MEMBER

APPENDIX

Witness examined on the side of the complainant : Nil

Documents marked on the side of the complainant : Ext.A1 to A5

Ext.A1 : Demand notice dated, 19-4-2008 for Rs.1,41,480/- from 3^rd opposite party to complainant.

Ext.A2 : Demand and Disconnection notice dated, 19-4-2008 for Rs.1,41,380/- from 3^rd opposite party to complainant.

Ext.A3 : Request dated, 21-4-2008 from complainant to 2^nd opposite party.

Ext.A4 : Photo copy of the proceedings from 2^nd opposite party to complainant.

Ext.A5(series) : Receipts (3 Nos.) from opposite party to complainant.

Witness examined on the side of the opposite parties : Nil

Documents marked on the side of the opposite parties : Ext.B1 to B6

Ext.B1 : Photo copy of the letter dated, 19-4-2008 from 3^rd opposite party to Station House Officer, Vengara Police Station.

Ext.B2 : Photo copy of the Site Mahazar dated, 18-4-2008 prepared by A. Alavikutty,

Sub Engineer, Electrical Section, Vengara.

Ext.B3 : Photo copy of the demand notice dated, 19-4-2008 for Rs.1,41,480/- from 3^rd opposite party to complainant.

Ext.B4 : Photo copy of the letter dated, 18-4-2008 from 3^rd opposite party to Station House Officer, Vengara Police Station.

Ext.B5 : Photo copy of the inspection report dated, 18-4-2008 from Assistant Executive Engineer to Alavikutty, Sub Engineer, Electrical Section, Vengara.

Ext.B6 : Photo copy of the proceedings from 2^nd opposite party to complainant.

Sd/-

C.S. SULEKHA BEEVI, PRESIDENT

Sd/-

MOHAMMED MUSTAFA KOOTHRADAN, Sd/-

MEMBER E. AYISHAKUTTY, MEMBER