BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM,

ERNAKULAM.

Date of filing : 27/04/2011

Date of Order : 29/08/2011

Present :-

Shri. A. Rajesh, President.

Shri. Paul Gomez, Member.

Smt. C.K. Lekhamma, Member.

C.C. No. 217/2011

Between

 

And

O R D E R

Paul Gomez, Member.

1. The facts leading to this complaint are :

The complainant is a consumer of the opposite parties with consumer No. 9179 under LT VII A tariff. The disputed energy connection is given to his shop room. A penal bill in the sum of Rs. 27,641/- was issued to him consequent on an audit report submitted by RAO Perumbavoor on the ground of short assessment. The complainant claims that he had regularised the additional connected load in 2007 after paying penal charges. He also contends that the recovery is barred by limitation.

2. The opposite parties filed version stating that the recovery is based on unauthorised load of 2 KW. The penal bill was issued on the basis of audit report submitted by Regional Audit Officer, Perumbavoor. The complainant had not regularised the unauthorised connection of additional load. Whereas Regulation 18 (8) of the Kerala Electricity Supply Code 2005 prescribes limitation period against recovery of arrears the impugned bill relates to short assessment. Also the complainant has not exhausted the administrative remedies open under Article 127 of Electricity Act 2003. Therefore, it is urged upon us to dismiss the complaint with cost.

3. No oral evidence on the part of the parties. Ext. A1 was marked on the side of the complainant whereas the opposite parties submitted two documents which were marked as Exts. B1 and B2. The learned counsel appearing for the parties were then heard.

4. The points for determination are :

i. Whether the impugned penal bill is justified in law?

ii. What are reliefs, if any?

5. Point Nos. i. and ii. :- The legal issues revolving round Ext. A1 bill are as to whether the said bill has any standing in law. The complainant challenges the recovery in the first place on the ground that the charges are once again imposed on the ground of unauthorised connected load which had been once regularised in 2007. Secondly, the penal bill is barred by limitation under the Regulation 18 (8) of the Kerala Electricity Supply Code 2005.

6. Regarding the first limb of arguments advance by the complainant, blanket denial is the response forthcoming from the opposite party's side. In view of no material being produced to convince us conclusively that regularization of unauthorised additional load has been effected, we refrain from making any finding on that aspect. The second limb is based on the legal issue of limitation prescribed by Regulation 18 (8) of the Kerala Electricity Supply Code 2005 which stipulates 2 years as the dead line to recover arrears Section 56 (2) of Indian Electricity Act is being reproduced in the said Regulation regulating Supply of Electrical Energy by licensee. Section 56 (2) reads :

“Notwithstanding anything contained in any other law for the time being in force, no sum due from any consumer, under this Section shall be recoverable after the period of two years from the date when such sum became first due unless such sum has been shown continuously as recoverable as arrear of charges for electricity supplied and the licensee shall not cut off the supply of the electricity.”

While the complainant contends that the impugned penal bill is issued for recovery of arrears, the opposite parties relies on the expression short assessment employed in the RAC report and the impugned Ext. A1 bill and holds the view that the recovery therein relates to short assessment and not recovery of arrears. We are unable to sustain the aforesaid contention in view of Section 56 (2) of the Indian Electricity Act 2003, which is the Parent Act under which the Regulation is framed. Significantly, the Section addresses sums due without making any distinction between arrear charges and short assessment. Such a distinction artificially stretches the expressions to unnatural extend. Therefore, there can be no two opinions in concluding that Section 56 (2) as well as Regulation 18 (8) is directed against recovery of 'sums due' from consumers beyond the limitation period of two years from the date on which the sum became due. Consequently, Ext. A1penal bill has to be set aside.

7. As we have left the question of regularization of unauthorised connected load open, the complainant may be granted an opportunity to get the unauthorised connections regularized unless he produces documents to show that he had already regularized it in 2007 as claimed in the complaint.

8. In the result, the complaint is allowed as follows :

1. Ext. A1 penal bill dated 28-03-2011 issued to the complainant by the 2^nd opposite party stands set aside.

2. The complainant shall be allowed an opportunity to regularize the unauthorised connected load unless he had done it already.

The order shall be complied with, within a period of one month from the date of receipt of a copy of this order.

Pronounced in open Forum on this the 29^th day of August 2011.