1. JIMMY KORAH 2. K.Anirudhan 3. Smt;Shajitha Beevi
Complainant(s)/Appellant(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
ORDER
The complainant Sri.Vallabha Das filed he complaint before this Forum alleging deficiency in service on the part of the opposite parties. The grievance of the complainant is as follows:- The complainant using electricity by Consumer No.4826/PPLY and remitted the charge without delay. The opposite party inspected the residence of the complainant and found that electricity was given by the complainant from his building to one Salim to his residential building. That building was leased by the complainant to the said party. The opposite parties after examination of the complaint filed by the complainant charged a sum of Rs.15900/- by way of unauthorized use of electricity and directed to remit the same within seven days. Against that Assessment of the said amount, the complainant filed the complaint alleging deficiency in service. 2. Notice were issued to the opposite parties and they have accepted the same and entered appearance and filed version. In the version it is stated that the complainant is having an electric connection to his residential building. Based on complaint from the public regarding the tampering of energy meter installed in the premises of the complainant, the opposite parties conducted an inspection on 2.7.2003. At the time of inspection it was noticed that the energy meter was installed in locked room of the complainant. On further verification it was found that the complainant has committed the unauthorized extension of electricity from a power plug fixed on the wall of the complainants residential building owned by the complainant at a distance of 10 meters away from his residence, and the said Salim and his family was residing in that building and using electricity to electric appliances of total 2kw load. In the version it is further stated that the action of the complainant is misuse of energy which is an offence u/s 43 of Indian Electricity Act, 1910 and violation of S.43(d) also 3. After noticing the unauthorized use of electricity the opposite parties issued a notice for Rs.27,000/- to the complainant and directed to remit the same. After receiving the bill complainant submitted an appeal before the opposite parties on 18.7.03. After considering the representation the opposite parties have reduced the assessment amount from 27,000/- to 15,900/-. 4. Considering the rival contentions of the both parties this Forum has raised the issues:- (1) Whether there is any deficiency in service on the part of the opposite parties? (2) Compensation and cost. 5. On the side of the complainant he has produced 4 documents Exts.A1 to A4. Ext.A1 is he notice issued by the opposite parties dated 8.7.2003. Ext.A2 is the letter of the opposite parties dated 26.9.03. Ext.A3 is the letter dated 31.10.05 and A4 is the lease deed dated 14.6.03 executed by the complainant and Salim, lessee of the complainant. On the part of the opposite parties they have produced 9 documents Exts.B1 to B9. After a detailed verification of the documents given by both parties it can be seen that the building was given for rent by the complainant by lease deed dt. 14.6.03. The date of inspection by the opposite parties on 2.7.03. For the assessment of the electricity the opposite parties have to take the total number of dates for use of the electricity by the lessee on the basis of lease deed. So the opposite parties are entitled to recover the electricity charge from the complainant for 16 days from the date of first inspection on 2.7.03. So the actual amount is to be arrived u/s 126 of the Electricity Act ie. Rs.50 x 16 days x 92kw x 1 ½ times. The opposite parties entitled to recover the amount by way of the above calculation. In the result, we hereby direct the opposite parties to calculate the account on the above basis. We hereby further direct the opposite parties to withdraw the bill assessing Rs.15,900/- vide letter No.GB2/Appeal/2005-2006/763 dated : 31.10.05. Considering the nature and circumstances of the matter, we are not ordering any compensation and cost to the complainant. Pronounced in open Forum on this the 30th day of June, 2008. Sd/- SMT. N. SHAJITHA BEEVI: Sd/- SRI. JIMMY KORAH: Sd/- SRI. K. ANIRUDHAN: APPENDIX:- Evidence of the complainant:- PW1 - Vallabha Das (Witness) Ext.A1 - Notice of the Electricity Board dated 8.7.03 Ext.A2 - Photo copy of the notice dtd. 26.9.03 Ext.A3 - Letter dated 31.10.05 Ext.A4 - Agreement deed (Photo copy) Evidence of the opposite parties:- Ext.B1 - Site Mahazor dated 2.7.03 (Photo copy) Ext.B2 - Statutory notice dated 8.7.03 (Photo copy) Ext.B3 - Application dtd. 8.7.03 submitted by Sri.Vallabhadas (Photo copy) Ext.B4 - Lease deed executed by Vallabhadas and Yoosuph Salim (Photo copy) Ext.B5 - Site Mahazor dated 5.8.03 (Photo copy) Ext.B6 - Revised bill dated 14.8.03 (Photo copy) Ext.B7 - Appeal application submitted by Vallabhadas before 2nd Opposite party (Photo copy) Ext.B8 - Order dated 24.9.03 of 2nd opposite party (Photo copy) Ext.B9 - Letter dated 31.10.05 of 5th opposite party (Photo copy) // True Copy // By Order To Senior Superintendent Complainant/Oppo.parties/S.F. Typed by:-pr/- Compared by:-
