By Sri. P. Raveendran, Member:-

Complaint filed under Section 12 of the Consumer Protection Act.

Brief of the complaint:- The Complainant's father started a Shoe Shop at Kalpetta in the building No.13/412 of Kalpetta municipality. The business continued till April 2008. The father of the Complainant died on 09.02.1992 hence the business was managed by the Complainant. The shop rooms were converted for the hotel business. The tariff was LT 7B single phase. The security deposit was Rs.1,800/-. After stopping the shoe business and before converting it into hotel, the complainant submitted book for rewiring the building and paid A.F of Rs.25/- on 28.8.2008. There after Opposite Party were not demanded to deposit C.D. But Opposite Party issued a penal bill of Rs.32,608/- on 20.2.2009 for using unauthorised additional load of 3 KW from October 2008. The demand made by the Opposite Party are arbitrary and illegal. That amounts to deficiency of service and unfair trade practice. Hence it is prayed that to direct Opposite parties:-

1. Cancel the penal bill dated 20.2.2009 for Rs.32,608 /- issued by Opposite Parties.

2. Pay Rs.50,000/- as compensation.

3. Pay cost of this proceedings etc.

2. Opposite Parties appeared and filed version. In the version they admitted that service connection No.3647 under LT VII B Tariff was in the name of Sebastian D' souza with a registered connected load of 460 Watt. There after the Complainant had submitted an application for enhancement of connected load from 460 W to 3425 W and remitted application fee of Rs.25/- with an application to change the ownership. In pursuance to the said application the connected load was verified by the Opposite Party on 29.8.2008 and directed to pay Rs.14,000/- being the additional C D. The permitted connected load to the Complainant is below 1 KW. He has used 3425 W (below 4 KW) from 28.8.2008. Mere filing an application for additional connected load does not mean that he can use the electricity over and above his approved connected load. Only after payment of additional cash deposit the applicant can use the electricity. Since the Complainant is failed to pay additional C.D, he was served with an additional bill for Rs.32,608/- for the unauthorised additional load from 28.8.2008. There after the complainant paid additional C.D of Rs.14,000/- on 03.03.2009 and his connected load was regularised from 03.03.2009. The applicable tariff is LT VIIA for which a higher rate is applicable. It is prayed to dismiss the complaint with cost.

3. Considering the complaint and version the following points are to be considered:-

1. Whether there is any deficiency of service on the part of the Opposite parties?

2. Relief and cost.

4. Point No.1:- To prove Complainant's case he has filed his chief affidavit and Exts.A1 to A10 were marked. In the chief affidavit he stated as stated in the complaint Ext.A1 is the copy of the AF Book let remittance receipt dated 25.8.2008. Ext.A2 is the copy of AF Reg. receipt dated 28.8.2008. Ext.A3 is the copy of disputed bill dated 3.3.2009. Ext.A4 is the copy of receipt showing the payment of Rs.14,000/- dated 3.3.2009. Exts.A5 and A6 are the receipts dated 3.3.2009 and 3.4.2009 respectively. Ext.A7 is the copy of electricity bill dated 26.8.2008. Ext.A8 is the copy of electricity bill 23.10.2008. Ext.A9 is the copy of electricity bill dated 23.12.2008. Ext.A10 is the copy of electricity bill dated 20.2.2009.

5. Sub Engineer of KSEB, Kalpetta and Senior Superintendent of KSEB are examined as OPW1 and OPW2. Ext. B1 marked. In the chief affidavit he stated as stated in the version. Ext.B1 is the copy of application form of connection No.3647. On verifying Ext.B1 it is found that the applicant has submitted an application to Opposite Party to enhance his connected load. It is also found that the Assistant Engineer endorsed his test report on 29.8.2008 and directed the cashier to collect Rs.14,000/- as ACD. The tariff is LT VII A. Copy of anomaly register is marked as Ext.X1.

6. On evaluating the evidence before us it is found that the applicant is a consumer under Opposite Party. He has filed an application for enhancing his connected load. It is found that the Assistant Engineer submitted his test report on 29.8.2008 with direction to the cashier to collect Rs.14,000/- as ACD. At the time of examining OPW1 he stated that normally they will send notice to the party for remitting ACD. In this case they have not send the notice. After 29.8.2008 they have served demand notices to the Complainant. In the demand notices also they have not noted the ACD amount. OPW1 and OPW2 could not say how they calculated the penal amount. It is clear that the Opposite Parties are not served notice on the complainant directing him to remit the ACD. They have not disconnected the connection of the Complainant for non payment of the bill. The above mentioned acts are deficiency of service on the part of Opposite Parties. Point No.1 is decided accordingly.

7. Point No.2:- Complainant is entitled to cancel the penal bill dated 20.2.2009 for Rs.32,608/-. At the time of cross examination the complainant stated that from 30.8.2008 onwards he has been using 3425 Watt connected load electricity. So he has to pay the electric current charge under tariff VII A. So the Opposite parties can collect electric current charge under tariff VII A from 30.8.2009 onwards. Point No.2 is decided accordingly.

In the result the complaint is partly allowed. The penal bill dated 20.2.2009 for Rs.32,608 is quashed . Opposite Parties are directed to issue fresh bill to the Complainant under tariff VII A from 30.8.2008 after deducting the amount already paid by the Complainant. The Complainant is directed to pay the bill amount within 15 days on receipt of the bill. No order as to cost and compensation. The order is to be complied within 30 days of receipt of this order.

Pronounced in open Forum on this the day of 31^st October 2009.

PRESIDENT: Sd/-

MEMBER- I : Sd/-

MEMBER-II: Sd/-

A P P E N D I X

Witnesses for the Complainant:

PW1. Sajeev Complainant.

Witnesses for the Opposite Parties:

OPW1. Sudheesh Sub Engineer, KSEB.

OPW2. Santhosh. B. Senior Superintendent, KSEB.

Exhibits for the Complainant:

A1. Copy of Receipt. dt:25.08.2008.

A2. Copy of Receipt. dt:28.08.2008

A3. Copy of Receipt. dt:03.03.2009.

A4. Copy of Receipt. dt:03.03.2009.

A5. Receipt. dt:03.03.2009

A6. Receipt. dt:03.04.2009.

A7. Copy of Electricity Bill. dt:26.08.2008.

A8. Copy of Electricity Bill. dt:23.10.2008.

A9. Copy of Electricity Bill. dt:23.12.2008.

A10. Copy of Electricity Bill. dt:20.02.2009.

Exhibits for the Opposite Parties:

B1. Copy of Application Form.

X1. Copy of Disconnection Register.