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

1. Complainant challenges the short assessment bill issued by opposite party for Rs.1,01,388/- dated, 04-3-2008 alleging misuse of energy detected during Anti Power Theft Squad inspection conducted in the premises of the complainant's agricultural connection.

2. Opposite parties filed joined version submitting that on 17-3-2008 Anti Power Theft Squad conducted an inspection of the premises. Misuse of energy was detected. It was found that complainant had constructed a water tank into which water was pumped using the agricultural electricity supply and this water was being used for domestic purpose. Thus as per rules and provisions a penal bill was issued under Sec. 126 of Indian Electricity Act for rs.1,01,388/-. That complainant is liable to pay the amount and that there is no deficiency in service.

3. Evidence consists of the affidavit filed by complainant and Exts.A1 to A5 marked for her. Opposite parties have filed a counter affidavit jointly and Ext.B1 marked for opposite party. Ext.C1 is the commission report.

4. Complainant denies misuse of energy, and contends that she has not used the supply of agricultural purpose for any sort of domestic purpose. That the water for domestic purpose is pumped from the well near her house. It is stated that the tank used for agricultural purpose is situated in a lower level than her house and therefore the water from such tank cannot be used for domestic purpose at all. To prove her contention complainant sought the local inspection and report of the premises by an advocate Commissioner. Sri. Zainul Abideen Kunhi Thangal who was the advocate commissioner in the matter inspected the site on 25-8-2008 and filed his report. In Ext.C1 Commissioner has stated that he did not find any pipe connected near to the house from the water tank. He has stated that water cannot be pumped up to the tank situated on top of the double storeyed house from the alleged water tank.

5. Refuting these submissions of the complainant, opposite party relied upon Ext.B1 mahazar. It is submitted on behalf of opposite party that on inspection by Anti Power Theft Squad it was found that the water filled in the tank using supply for agricultural purpose was drawn using a black hose pipe to the premises of the house of the complainant by crossing the road. This mahazar is seen signed by a witness who is stated to be the domestic helper in the complainant's house. Complainant has not specifically denied this. Further the inspection by the Commissioner was more than a month after the Anti Power Theft Squad inspection. There is no evidence adduced by complainant to controvert Ext.B1 mahazar which is a document prepared by an officer as part of his official duty. For the above reasons we are able to conclude that complainant has committed misuse of energy by using the supply for agricultural purpose for domestic purpose.

6. On going through the assessment made in Ext.A2 penal bill we find that the penal bill is issued taking into consideration L.T. VII A tariff. The tariff for agricultural purpose is L.T. V and that of domestic purpose is L.T.I. A. tariff. The tariff L.T. VII A is applicable to commercial consumption. When the allegation is that the supply was misused for domestic purpose we cannot find any basis for assessing penalty applying commercial tariff (L.T.VII A) Under Sec.126 (6) the assessment has to be made upon the tariff applicable for the relevant category of service as specified in sub section (5). For these reasons we find that the assessment in Ext.A2 bill is incorrect. Issuing bills with incorrect assessment amounts to deficiency in service. We find opposite party deficient in service.

7. On the facts and circumstances of the case we are of the view that issuing a revised bill applying the tariff for domestic purpose in assessing penalty would be adequate relief to the complainant. All other prayers are only to be disallowed.

8. In the result we partly allow the complaint and order that Ext.A2 Short Assessment bill for Rs.1,01,388/- dated, 04-3-2008 is cancelled. We order that opposite parties shall issue revised bill by applying the tariff for domestic purpose in assessing penal charges. The time fixed for compliance of this order is two months from the date of receipt of copy of this order. The amount if any already paid by the complainant towards Ext.A2 bill shall be adjusted by opposite party to the payment to be made by complainant in the revised bill and balance if any shall be adjusted to the future bills of domestic connection.

Dated this 4th day of June, 2009.

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 : Notice received from 3^rd opposite party to complainant.

Ext.A2 : Short Assessment bill dated, 19-4-2008 for Rs.1,01,388/- issued

by opposite party to complainant.

Ext.A3 : Proceedings No.DB62/08-09/OKL-15 dated, 28-5-2008

of the third opposite party to complainant.

Ext.A4 : Demand and disconnection notice dated, 04-10-2008 for Rs.1,827/-

issued by opposite party to complainant.

Ext.A5 : Demand and disconnection notice dated, 02-12-2008 for Rs.1,112/-

issued by 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

Ext.B1 : Photo copy of the Site mahazar dated, 17-3-2008 prepared by Regunath P.V., Assistant Engineer, A.P.T.S.(NR), Kozhikkode.

Court document marked : Ext.C1

Ext.C1 : Advocate Commissioner's report.

Sd/-

C.S. SULEKHA BEEVI, PRESIDENT

Sd/-

MOHAMMED MUSTAFA KOOTHRADAN, Sd/-

MEMBER E. AYISHAKUTTY, MEMBER