BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM,

ERNAKULAM.

Date of filing : 16/04/2010

Date of Order : 30/06/2012

Present :-

Shri. A. Rajesh, President.

Shri. Paul Gomez, Member.

Smt. C.K. Lekhamma, Member.

C.C. No. 234/2010

Between

And

O R D E R

A. Rajesh, President.

1. Shortly stated, the facts of the complainant's case are as follows :

The complainant is the beneficiary of the electric connection provided by the opposite parties to the consumer with No. 3887. The complainant is a self-employed man conducting a Photostat centre and electric connection to the above centre is given under the LT VII A tariff. When it was found that the electric meter installed by the opposite parties are not properly recording consumption, entailing heavy electrical charges upon him, he made a complaint to the 2^nd opposite party and an electronic meter was installed which brought out that he was made to pay exorbitant amounts in excess of his actual consumption. When he claimed refund of the excess amount, he had been paying towards electrical charges, in retaliation, a special squad was deputed and in its inspection it was found out that there was an unauthorised connected load of 2KW and consequently a penal bill to the tune of Rs. 31,778/- was served upon him. In this factual background, the complaint is filed with the following requests:

1. To quash the penal bill for 31,778/- dated 27-03-2010.

2. To direct the refund of excess charges levied from the complainant.

2. The version of the opposite parties is as follows :-

At the request of the complainant a parallel meter was installed on 18-02-2010 and found that the existing meter was creeping. The meter was replaced on 03-03-2010. The faulty period before meter charging was confirmed and bill from 11-02-2010 to 03-03-2010 was given after deducting the excess. At the time of inspection, there was unauthorised additional load connected and is recorded in the copy of inspection report which was signed and received by the complainant. The complainant is liable to remit the penal fixed charge and penal current charge for changing twice the rate as per law. The complainant is liable to pay the amount as per the impugned bill.

3. At the threshold, this complaint was allowed by this Forum vide order dated 30-11-2010. The opposite parties preferred appeal against the order before the Hon'ble Kerala State Consumer Disputes Redressal Commission. The Hon'ble Commission vide order in Appeal No. 735/2011 dated 17-12-2011 allowed the appeal and set aside the order of the Forum provided the opposite parties to pay an amount of Rs. 8,000/- towards costs to the complainant. The opposite parties duly complied with the order of the Hon'ble Commission. No oral evidence was adduced by the parties. Exts. A1 and A2 and Exts. B1 to B3 were marked on the side of the complainant and the opposite parties respectively. Heard the counsel for the parties.

4. The only point that arises for consideration is whether the complainant is entitled to get the impugned bill set aside and to get costs of the proceedings from the opposite parties?

5. During the proceedings in this Forum, at the instance of the complainant vide order in I.A. No. 211/2010 dated 21-04-2010, this Forum restrained the 2^nd opposite party from disconnecting the electricity supply until further orders.

6. According to the opposite parties, they had conducted an inspection at the premises of the complainant on 25-03-2010 and prepared Ext. B1 inspection report unauthorised load was detected and they prepared Ext. B2 arrear bill to the tune of Rs. 31,778/- on the basis of Ext. B3 clarification dated 22-08-2007 by the Kerala State Electricity Regulatory Commission. The learned counsel for the complainant relied on the decision of the Kerala State Electricity Regulatory Commission, Thiruvananthapuram dated 19-01-2010 which reads as follows :

“5.5 Prayer 2.5 For imposing the penalty on energy charges the total energy is apportioned in proportion to the additional load detected and penalty is imposed for that part of energy which is assumed to be consumed because of the unauthorized additional load.

The difference between the average monthly energy consumption for last 12 normal months before the additional unauthorized load is connected and the monthly energy consumption after the unauthorized load is connected shall be used for charging the penalty.

5.6 Prayer 2.6 Since the concept of two part tariff is approved by the Hon. High court of Kerala an alternate method for estimating energy to charge penalty corresponding to unauthorized portion of fixed charge as per 5.5 above shall be followed.”

7. Admittedly, the impugned bill has been issued on the basis of Ext. B3 clarification order in 2007 issued by the Kerala State Electricity Regulatory Commission, Thiruvananthapuram. The same Commission has passed a considered order dated 19-01-2010 subsequently that is to be followed by the opposite parties which is at present good law. We think that an order to the opposite parties to follow the direction of the Kerala State Electricity Regulatory Commission is enough to abate the agony of the complainant, which would squarely meet the ends of justice.

8. In the result, we partly allow the complaint since the other relief has already been granted and direct as follows :

1. The order in I.A. No. 211/2010 dated 21-04-2010 is made absolute.

2. We set aside Ext. A1 the disputed bill.

3. The opposite parties shall issue a fresh bill in tune with the order of the Kerala State Electricity Regulatory Commission, Thiruvananthapuram dated 19-01-2010 as quoted above.

4. The complainant shall take steps to regularize the connected load forthwith, failing which the opposite parties are free to proceed with the procedure as per law.

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 30^th day of June 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 :-

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