O R D E R

                   Complainant filed this complaint for getting a relief from the Forum.

                   2. Fact of the case in brief is as follows:  Complainant is a commercial consumer of opposite party.  He is having a single phase connection under LT-VII(a) Tariff with consumer No.16018.  He is conducting an STD Booth in Municipal Shopping complex in Shop Room No.24(2).  On 5.01.2010 the complainant brought a computer along with a printer.  On 23.3.2010 the 3^rd opposite party prepared a site mahazar stating that there is unauthorised connected load and thereby the Electricity Board has a loss with regard to the fixed charge.  Complainant was penalised and issued a bill for ` 4,529 on 17.03.2010. The preceding bill dated 6.02.2010 shows the consumption as 194 watts only.  Therefore complainant filed a complaint before the Consumer Grievance Recdressal Forum,Vaidyuthi Bhavan, Kottarakkara.  As per their direction a site mahazar was prepared by the Executive Engineer, Electrical Division, Adoor.  There is stark difference in the connected load assessed by the said Executive Engineer.  But the said complaint was dismissed by the Consumer Grievance Redressal Forum for the reason that they have no authority to act on the bill issued under 126 of the Act.  But a direction was issued to prefer appeal before State Electricity Ombudsman.  The subsequent bill also shows that the average consumption of the complainant is only 130 watts, which is much below the consumption he is supposed to use.  Complainant was forced to remit the bill-dated 17.3.2010.  Still he is penalised every now and then without any explanation.  A new bill dated 8.10.2010 was also issued to him without showing any usage.  Hence this complaint for getting the illegal bill amount of ` 4,529 remitted with compensation and cost.

                   3. Opposite parties entered appearance and filed version stating that complaint is not maintainable either in law or on facts.  According to opposite parties, as per Section 126 of Electricity Act 2003, the 3^rd opposite party conducted a detailed inspection and found that one KW load is connected unauthorisedly and issued a provisional bill of `4,529 to complainant for the said unauthorised connected load.  But complainant neither approached the assessing officer nor to the Deputy Chief Engineer against the assessment.  He filed an appeal to the Consumer Grievance Redressal Forum, Kottarakkara.  As per their direction, the Executive Engineer, Electrical Division, Adoor to checked the connected load once again and found that the connected load is more than that found by the 3^rd opposite party.

                   4. Opposite parties assessment of bill of ` 4,529 is calculated as shown below:-

          Existing connected load                 =       1340 W      KKW

          Unauthorised connected load        =       880 – 1 KW

          Total load                                        =       2220 W      3 KW

          Fixed Charge      -        100x1x2x12 = 2400

          Current charge   -        02/10         194 x ¹/3    = 65x5.45   = 354

                                                12/09         176 x ¹/3    = 59x5.45   = 322

                                                10/09         178 x ¹/3    = 59x5.45   = 322

                                                08/09         204 x ¹/3    = 68x5.45   = 371

                                                06/09         155 x ¹/3    = 52x5.45   = 283

                                                04/09         156 x ¹/3    = 52x5.45   = 283

                                                                                                          -----------

                                                                             Total                          `    1,935

                                                                             Duty                 `       194

                                                                                                          ------------

                                                                   Total        `          4,529        

                                                                                    =======

                   An average penal bill issued to the complainant from 4/10 to 10/10 for Rs.1,594.  Its detailed calculation is shown below:-

                   Fixed charge       =       100x1x2     =       200

                   200x 4 months    =       800 (4/2010 to 10/2010 by month)

Current charge   -        04/10         158 x ¹/3    = 53x5.45   = 288

                                                06/10         130 x ¹/3    = 43x5.45   = 234

                                                08/10         101 x ¹/3    = 34x5.45   = 185

                                                10/10         49 x ¹/3      = 16x5.45   =   87

                                                                                                     ------------------

                                                                             Total                    = 794

                                                                                                     ------------------

           Total bill amount         =     ` 794 +  800     =   ` 1,594

                                                                                      ======

                   5. Though complainant has statutory remedy as per Sec.126 and Sec.127, he has not resort it.  Opposite parties had not done any deficiency or laches as alleged by the complainant.  Therefore, they canvassed for the dismissal of the complaint with cost.

                   6. From the above pleadings, the following points are raised for consideration:

(1)   Whether the complaint is maintainable before the Forum?

(2)   Whether the reliefs sought for in the complaint are allowable?

(3)   Reliefs & Costs?

          7. Evidence of the complainant consists of the oral deposition of PW1 and Exts.A1 and A2 and the evidence of opposite parties consists of the oral deposition of DW1 and Exts.B1 to B8.  After closure of evidence, both parties were heard.

          8. Point Nos. 1 to 3:-  In order to prove the complainant’s case, complainant filed proof affidavit along with certain documents.  He was examined as PW1 and the documents produced were marked as Exts.A1 and A2.  Ext.A1 is the bill dated 17.3.2010 for ` 4,529 issued by opposite parties.  Ext.A2 is the bill dated 17.12.2010 for ` 979 issued by opposite parties.

          9. In order to prove the opposite parties contention, Asst. Exe. Engineer filed proof affidavit along with certain documents.  He was examined as DW1 and the documents produced were marked as Exts.B1 to B8.  Ext.B1 is the copy of relevant page of the abnormality register.  Ext.B2 is the extract of the bi-monthly bill issued to the complainant prior to the date of inspection.  Ext.B3 is the copy of site mahazar.  Ext.B4 is the copy of provisional assessment bill.  Ext.B5 is the copy of detailed calculation for arriving at the assessed bill amount, i.e. Ext.B4.  Ext.B6 and B7 are the extracts of notifications pertaining to Sec. 126.  Ext.B8 is the copy of the inspection report tendered by the Executive Engineer.

          10. On the basis of the contentions and averments of the parties, we have perused the entire materials on record.  Complainant’s case is that opposite parties issued illegal bill for higher amount without any basis even though he has been remitting bi-monthly fixed charges promptly.  According to opposite parties, complainant has been issued bill for unauthorised connected load over and above the existing connected load.  Therefore, there is no irregularity in issuing the higher bill, which is based on proper assessment.

          11. On a perusal of Ext.A1, it is seen that opposite parties issued a higher bill of ` 4,529 on 17.03.2010.  Ext.A2 is another bill of ` 977 dated 7.12.2010.  Ext.B2 is the bill prior to the date of inspection.  Ext.B3 shows that complainant’s connected load is 2240 W.  Ext.B5 is the calculation based on the assessment of connected load of complainant which shows an unauthorised connected load of 2220 watts (3 kilo watts).  It is revealed that Ext.B4 and Ext.A1 are issued based on Ext.B3 and Ext.B5.

          12. It is admitted that complainant availed the connection for commercial purposes and billed under LT VIIA tariff.  He also admitted that he purchased a computer with a printer on 5.1.2010.  Ext.B4 bill shows that it is issued after two month from the date of purchase.

          13. It is pertinent to note that complainant has not challenged Ext.B3.  His signature is also seen in Ext.B3, which shows that he was present at the time of inspection.  He has neither had a different calculation based on his claim of fixed connected charge nor challenged Ext.B5.  Therefore, complainant failed in all respects either to prove his case or to disprove the opposite parties contention.  Moreover, it is seen that as per complainant’s complaint, CGRF deputed an Executive Engineer to inspect the complainant’s premises and his report Ext.B8 shows that the unauthorised connected load is 2882 W.

          14. From all the inspections and calculation, we are of the view that complainant’s connected load is more than the sanctioned load.  In this juncture, we cannot find any illegality in issuing Ext.A1.  Therefore complaint lacks merit.  Hence we cannot find any deficiency of service on the part of opposite parties.

          15. However, from the facts and circumstances, it is observed that complainant can mitigate the burden of penal bill either to opt regularisation of the unauthorised connected load or to remove the unauthorised additional load.  He is at liberty to adopt either of the above, if he desires so after clearing dues, if any.

          16. In the result, this complaint is dismissed with the above direction.  No cost.

          Declared in the Open Forum on this the 25^th day of July, 2011.

                                                                                             (Sd/-)

                                                                                      N. Premkumar

                                                                                           (Member)

Sri. Jacob Stephen (President)                  :         (Sd/-)

Appendix:

Witness examined on the side of the complainant:

PW1  :         P.K. Roy

Exhibits marked on the side of the complainant:

A1     :  Photocopy of the bill dated 17.3.2010 for ` 4,529 issued by the 3^rd 

             opposite party to the complainant

A2     :  Bill dated 7.12.2010 for ` 977 issued by the 3^rd opposite party to the 

              complainant.

Witness examined on the side of the opposite parties:

DW1 :         P.S. Thankachan

Exhibits marked on the side of the opposite parties:

B1     :  Photocopy of relevant page of the abnormality register. 

B2     :  Photocopy of the bill dated 7.2.2011 for ` 1,396 issued by the 

              3^rd opposite party to the complainant. 

B3     :  Photocopy of the site mahazar. 

B4     :  Photocopy of provisional bill dated 17.3.2010 for ` 4,529 issued by 

             the 3^rd opposite party to the complainant.  

B5     :  Photocopy of detailed calculation statement.

B6 & B7     :  Photocopy of the extracts of notifications pertaining to Sec. 

                       126 of the Electricity Act 2003 and Manual of Electricity Laws 

                        in Kerala. 

B8     :  Photocopy of the site verification report.

                                                                                                (By Order)

                                                                                                    (Sd/-)

                                                                                    Senior Superintendent.

Copy to:  (1)  P.K. Roy, Manikkatharayil, Arukalikkal West, Vayala.P.O.,   

                       Adoor.

(2)  The Secretary, KSEB, Thiruvananthapuram.

(3)  Executive Engineer, Electrical Division, Adoor.

(4)  Asst. Engineer, Electrical Major Section, Ezhamkulam.

(5)  Stock file.