By Smt.C.S. Sulekha Beevi, President

Complainant challenges a penal bill issued for Rs.24462/- dated 23.12.2008 issued by second opposite party.

1. Facts:

Complainant is running a SSI unit in the name and style 'Reform Rubbers'. He is a consumer under opposite for supply of electricity. Being an industrial unit an engineer visits the premises to take periodical meter readings. Complainant used to pay the bills issued by opposite party and there has been no default on his side to pay the bills. On 05.12.2008 opposite party issued a bill for Rs.18,560/- towards current charges. Complainant paid the same. Later on 23.12.2011 second opposite party issued a further bill demanding to pay Rs.24462/-. It was stated that the bill is issued as per audit inspection report. Complainant challenges this bill as illegal and issued without basis. Hence this complaint.

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Opposite party filed version admitting the issuance of the bill for Rs. 244462/-. It is stated that on 9/2003 an inspection was conducted by APTS in the premises. Unauthorized additional load of 4KW was detected. Penal bill was then issued. Again an inspection was conducted and unauthorized additional load of 16KW was detected. Penal bill was issued to the complainant for Rs.18,560/-. He remitted the amount without protest. While issuing the penal bill only penal charges upon the current charges was imposed .There was omission to impose penalty upon the fixed charges. As per sec.126 of Indian Electricity Act2003 (Amendment Act 2007 ) and Board Order (FM)No.368/2008(DPCI/G/182/2007) dated 7.2.2008 the penal rate should be imposed for both current charges and fixed charges. Therefore complainant was issued additional bill for Rs.24462/- as the balance imposing penal rate upon fixed charges also. The bill issued is legal and proper and complainant is liable to pay the same.

2. Evidence consists of the proof affidavit filed by complainant and Exts. A1 to A16 marked for him. Opposite party filed counter affidavit and Ext. B1 marked for opposite party. Complainant filed I.A.223/2010 calling for answers upon interrogatories from the side of opposite party. Answers were furnished by opposite party.

3. Complainant challenges Ext.A2 bill dated 23.12.2008 for rs. 24462/- Ext. A1 is the bill for Rs.18560/-issued by second opposite party prior to issue of Ext. A2. According to the complainant Ext. A1 was a regular bill for current charges and therefore he paid the amount without default. But on 23.12.2008 second opposite party again issued a bill stating that it is an additional bill issued as per audit inspection report. The complaint is resisted by opposite party who contends that an inspection was conducted by APTS on 10/2007 and unauthorized additional load (UAL) of 16 KW was detected. That the bill issued on 5.12.2008 for Rs. 18560/- was a penal bill imposing penal rate for the UAL detected. There was an omission to impose penal rate on fixed charges. As per the Board Order penal rate has to be imposed on fixed charges also. Therefore the additional bill for Rs.24462/- was issued imposing penal rate for 16KW upon the fixed charges for the period 10/2007 to 8/2008. On perusal of Ext. A1 bill for Rs.18560/- we do not find any indication of detection of UAL of 16KW or imposing penal rate upon the current charges. On the face of it Ext. A1 appears to be a regular bill issued for current charges. To the interrogatory served by complainant to opposite party,it is answered by affidavit by opposite party that inspection of the premises was conducted by APTS on 9/2003 and later on 10/2007. It is also sworn by opposite party that4 KW of UAL was detected on 9/2003 and on the inspection conducted on 10/2007 16 KW of UAL was detected. Complainant admits the inspection conducted on 9/2003.

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He was then issued a back assessment bill as the power meter was found recording only 2/3 of the consumption. 4KW of UAL was also detected . This penal bill was challenged by complainant in appeal and the Deputy Chief Engineer passed order to issue revised bill for the back assessment. Exts. A5 to A9 are the documents produced by complainant regarding the penal bill issued after conduct of inspection on 9/2003. But as for the inspection contended to be done on 10/2007 the complainant has no knowledge at all. There is nothing stated in Ext. A1 bill for Rs.18,560/- to show that it is a penal bill issued after conduct of inspection by APTS on 10/2007. The amount was paid by complainant as a regular bill for current consumed. Opposite party has not produced the site mahazar or any document to evidence that an inspection was conducted on 10/2007. Ext. A1 does not disclose the detection of 16KW of UAL. Further according to opposite party (as shown in Ext.A3) the inspection was conducted on 10/2007 and the penal assessment for 16 KW of UAL is made for the period 10/2007 to 8/2008.On 13.05.2005 complainant send Ext. A11 request to opposite party stating that the the meter is not recording properly and to check the meter. Ext. A14 is the copy of the site mahazar produced by complaint which shows that an inspection was conducted to check meter on 21.11.2008 and the meter was found faulty. The meter was send for testing and was replaced by another meter. The connected load noted in Ext. A14 is only 73KW. The sanctioned load is 65 KW. Complainant is already paying penal charges for the UAL of 4 KW detected on 9/2003. So the contention of opposite party that inspection was conducted on 10/2007 and UAL of 16 KW was detected is totally false and unacceptable. Ext. A2 bill for Rs.244462/- is purported to be an additional bill issued in continuation of Ext. A1 bill. On such score Ext. A2 bill has no legs to stand and is liable to be set aside. Issuing bills without any basis and arbitrarily is an illegal act amounting to deficiency. We find opposite parties deficient in service.

4. After receiving the penal bill as per inspection conducted on 9/2003 the complainant submitted Ext. A10 request to second opposite party on 1.10.2004 to grant additional power of 5KW. But opposite party has not informed the complainant in any manner as to the steps for grant of additional load. Opposite party has been charging the complainant for UAL from 9/20003 for 4KW as the load has not been regularized. It is utmost deficiency on the part of opposite party not to heed to the request of the consumer to increase the load and then continue to penalize the consumer for not regularizing the load. Further opposite party has thereafter issued a baseless penal bill stating that16 KW of UAL has been detected. Such acts on the part of public servants cannot be allowed to continue. A man who is running a SSI unit for his livelihood is made to pay heavy amounts without any basis. We consider that apart from cancellation of the bill the complainant is entitled to compensation of Rs.10,000/-. This would help to deter the officers of the

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Board from issuing such false bills without conduct of any inspection. Complainant is also entitled to costs of RS.1000/-

5. In the result we allow the complaint and order the following:

a) The additional bill(Ext.A2) for RS.24462/- dated 23.12.2008 is canceled. Any amount paid by the complainant towards this bill shall be adjusted to the future electricity charges.

b) Opposite parties shall jointly and severally pay to the complainant Rs.10,000/-(Rupees Ten Thousand only) as compensation together with costs of Rs.1000/-(Rupees One Thousand only) within one month of receipt of copy of this order. The Board is at liberty to recover the amount so paid from the Assistant Engineer who has issued the disputed bill.

c) Opposite party shall inform the complainant within one month from the date of receipt of copy of this order the steps to be taken by the complainant for increasing/regularizing his connected load.

Dated this 24th day of September, 2011.

 

C.S. SULEKHA BEEVI, PRESIDENT

MOHAMMED MUSTAFA KOOTHRADAN,

MEMBER E. AYISHAKUTTY, MEMBER

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APPENDIX

Witness examined on the side of the complainant : Nil

Documents marked on the side of the complainant : Ext.A1 to Ext.A 16

Ext.A1 :Original copy of bill dated 05-12-2008

Ext.A2 :Original copy of bill dated 23/12/2008

Ext.A3 :Informing Audit Inspection bill for Rs.24462/- regarding APTS inspection

Ext.A3(a) : Calculation details of Electricity for the period of 15-06-07 to 09-07

Ext.A4 :Copy of permanent Registration for S.S.I unit

Ext.A5 :Letter issued by opposite party to complainant dated 9.10.2003

Ext.A6 :Photocopy of letter given to opposite party by complainant dated 13.10.2003

Ext.A7 :Photocopy of letter issued to Deputy Chief Engineer by first opposite party dated 14.10.2003

Ext.A8 :Proceedings of Opposite party of Deputy Chief Engineer dated 31.10.2003

Ext.A9 :Letter issued by opposite party to complainant dated 11.11.2003

Ext.A10 :Letter to opposite party by complainant dated 1.1.2004

Ext.A11 :Letter to opposite party by complainant dated 13.09.2005

Ext.A12 :Letter given to opposite party by complainant dated 02.05.2007

Ext.A13 :Letter given to opposite party by complainant dated 07/5/2007

Ext.A14 :Carbon copy of site Mahazar dated 21.11.2008

Ext.A15 : Document showing removal of meter for the purpose of testing by opposite party dated 28.11.2008

Ext.A16 :Letter issued to Executive Engineer by opposite party dated 1.12.2008

Witness examined on the side of the opposite parties : Nil

Documents marked on the side of the opposite parties : Nil

C.S. SULEKHA BEEVI, PRESIDENT

MOHAMMED MUSTAFA KOOTHRADAN,

MEMBER E. AYISHAKUTTY, MEMBER