BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
VAZHUTHACAUD, THIRUVANANTHAPURAM.
PRESENT
SRI. G. SIVAPRASAD : PRESIDENT
SMT. BEENAKUMARI. A : MEMBER
SMT. S.K.SREELA : MEMBER
O.P. No. 155/2002 Filed on 08.04.2002
Dated : 30.08.2010
Complainant:
R. Janardanan Nair, H. No. PP 16/323, Ramakrishna Sadanam, Kattakkada.
(By adv. Kulathoor S.V. Premakumaran Nair)
Opposite parties :
Kerala State Electricity Board-represented by the Secretary, Vaidyuthi Bhavanam, Pattom, Thiruvananthapuram.
The Executive Engineer, Kerala State Electricity Board, Nedumangadu.
The Assistant Executive Engineer, Electrical Major Section, Kattakkada.
(By adv. M. Manikantan)
This O.P having been taken as heard on 30.06.2010, the Forum on 30.08.2010 delivered the following:
ORDER
SRI. G. SIVAPRASAD: PRESIDENT
The facts leading to the filing of the complaint are that complainant is a consumer of the opposite parties vide consumer No. 2726, that he was paying electric charges in advance for one year, that on 27.08.2001 he was served with an order by opposite parties stating that he has to pay an amount of Rs. 14,084/- as arrears for the period from 12/91 to 05/2000, that prior to 27.08.2001 no intimation was served on the petitioner nor a bill for the said amount was issued by opposite parties, that immediately after receiving the said order complainant filed a complaint before the 3rd opposite party about the illegality of the bill, that 3rd opposite party assured that he will look into the matter and will take appropriate action and will inform the complainant his decision, and that no positive action was initiated by the opposite parties. Opposite parties have no right to claim the amount stated in the bill in dispute. There is deficiency in service on the part of opposite parties. Hence this complaint to declare that the complainant is not liable to pay any amount as per the bill dated 27.08.2001, and to direct opposite parties to pay compensation along with costs to the complainant.
Opposite parties filed version contending that the complaint is not maintainable either in law or on facts, that the average monthly consumption of the complainant is above 80 units, that as per the meter reading his actual consumption has become 196 units and that complainant never tried to change his provisional invoice card on the basis of his monthly consumption. He paid only Rs. 79/- per month for 80 units. The additional bill for Rs. 14,084/- was served on him for his excess consumption, that he is bound to pay the bill, that as long as dues are pending the service is liable to be disconnected as per the existing rules of the KSEB, that the disconnected service was reconnected as per the order of this Forum and complainant remitted Rs. 2,000/- for reconnection. There is no negligence or deficiency in service on the part of opposite parties. Hence opposite parties prayed for dismissal of the complaint.
The points that arise for consideration are:-
Whether the complainant is liable to pay any amount vide bill dated 27.08.2001?
Whether there is deficiency in service on the part of opposite parties?
Whether the complainant is entitled to compensation and costs?
In support of the complaint, complainant has filed proof affidavit and has marked Exts. P1 to P5. In rebuttal, 3rd opposite party has filed proof affidavit and has marked Exts. D1 to D4.
Points (i) to (iii):- Admittedly, complainant is a consumer of opposite parties vide consumer No. 2726 and he was paying electric charges in advance for one year. It has been the case of the complainant that on 27.08.2001 he was served with an order stating that he has to pay an amount of Rs. 14,084/- as arrears for the period from 12/91 to 05/00, that prior to the said order no intimation was served on him nor a bill for the said amount was issued to him. It has also been the case of the complainant that 3rd opposite party suo moto splited the bill into eleven installments and that on lodging a complaint about the order, 3rd opposite party assured that he will look into the matter, but no positive action has been taken so far. It has been contended by opposite parties that the average monthly consumption of the complainant is above 80 units, that as per meter reading his actual consumption has become 196 units on average basis per month, that complainant paid only Rs. 79/- per month for 80 units, and that the additional bill for Rs. 14,084/- was served on him for his excess consumption. It is further contended by opposite parties that as per oral request of the consumer, the installments were allowed to him for the additional bill. It has been contended by opposite parties that after introducing bimonthly system he never remitted the current charges upto 07/01, that during the said period 7 spot bills were served to him from 07/00 to to 07/2001, that the total arrears upto 27.08.2001 Rs. 24,118/-, that complainant had remitted an amount of Rs. 10,034/- towards the spot bills arrears only. That as long as dues are pending the service is liable to be disconnected, and that the disconnected service was reconnected as per the order of this Forum, on payment of Rs. 2,000/-. Ext. P1 is the copy of the order dated 27.08.2001. On perusal of the order it is seen that complainant is permitted to remit the arrears of Rs. 14,084/- with interest on 11 installments commencing from 27.08.2001 to 27.06.2002, of which 1st installment would come to Rs. 84/- and the subsequent installments of Rs. 1,400/- each. Ext. P2 is the copy of the complaint dated 03.10.2001 against Ext. P1 order lodged to 3rd opposite party requesting him to cancel the order or to issue a bill detailing the periodwise excess consumption of electric energy. Ext. P3 is the copy of the letter addressed to 3rd opposite party requesting him not to disconnect the service connection on being paid bill dated 23.03.2002. Ext. P4 is the copy of the provisional invoice card wherein the average consumption per month mentioned is 80 units. On perusal of payment schedule printed over leaf of Ext. P4, it is seen that complainant has remitted current charge upto 07/2000. As per instructions in Ext. P4, opposite parties will take meter readings once in six months based on which adjustment invoice, if any, will be issued to consumers thereupon, consumer has to remit the excess amount. Ext. P5 is the copy of the bill dated 23.03.2002 for Rs. 934/-. On the top left of Ext. P5 it is seen written as 'installments pending'. Ext. D1 is the copy of the personal ledger. Ext. D2 is the copy of the additional bill based on reading from 12/91 to 05/00. On perusal of Ext. D1 and D2 it is seen that period-wise reading recorded therein and final reading is seen taken on 05/00. As per Ext. P1 within the period from 12/91 to 05/00, opposite party had taken meter reading on 9 occasions, that is on 12/91, 04/92, 05/95, 10/95, 11/96, 05/97, 11/97, 05/98 and 05/00, that is from 12/91 to 05/00 total units consumed comes to 19792 units for 101 months, that is average consumption comes to 196 units, while consumer remitted current charge for 80 units per month. As per Ext. D2 total amount required to be paid from 12/91 to 05/00 was Rs. 18598.88, while total amount paid vide provisional invoice card during the said period was Rs. 5,795.40, the balance amount payable by the consumer is Rs. 12,803/- i.e; 18,598.88-5,795.40) plus Rs. 1280.3 (duty 10%) that is Rs. 14,084/-. Ext. D3 is the copy of the installment details of Rs. 14,084/-. Ext. D4 is the copy of details of arrear calculation of spot bills from 07/00 to 0701 which comes to Rs. 10,034/-. On perusal of Ext. D4 it is seen that average bimonthly spot bill amount comes to more than Rs. 1,000/-. According to opposite parties, complainant has remitted Rs. 10,034/- as per Ext. D4. In view of the aforesaid discussion and evidence available on records, it is pertinent to point out that there is no allegation on the part of the consumer that the meter was faulty and reading recorded is incorrect. Though opposite parties had taken meter reading on various occasions, prior to 27.08.2001, opposite parties failed to issue timely adjustment bill as stipulated in the invoice card. Issue of additional bill at one stretch would definitely saddle the consumer with huge arrear amount. The delay in issuing the adjustment bill timely would amount to deficiency in service on the part of opposite parties. At the same time complainant cannot escape from remitting the bill amount for used electricity, however belated it is. Admittedly, complainant remitted Rs. 2,000/- as per direction of this Forum upon which service connection was restored. Further complainant submitted that out of the arrear amount splitted, opposite party has appropriated 1st installment of Rs. 84/-, which was not denied by opposite parties. Hence opposite party has collected Rs. 2,000/- + Rs. 84/- from the consumer out of the arrear amount of Rs. 14,084/-. Hence net arrear would come to Rs. 12,000/-.
In the result, complaint is partly allowed. Complainant is liable to pay Rs. 12,000/- towards arrear amount as per Ext. P1 order dated 27.08.2001. Opposite parties shall pay the complainant Rs. 3,000/- towards compensation for not being issued adjustment bill timely along with a cost of Rs. 1,000/-. The said compensation and costs of Rs. 4,000/- shall be adjusted in the said arrears and complainant shall pay the net arrears of Rs. 8,000/- (Rs. 12,000/- - Rs. 4,000/-) in four equal monthly installments to opposite parties.
A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 30th day of August 2010.
G. SIVAPRASAD,
President.
BEENAKUMARI. A : MEMBER
S.K. SREELA : MEMBER
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O.P. No. 155/2002
APPENDIX
I COMPLAINANT'S WITNESS :
NIL
II COMPLAINANT'S DOCUMENTS :
P1 - Copy of order dated 27.08.2001
P2 - Copy of letter dated 03.10.2001
P3 - Copy of letter dated 06.04.2002.
P4 - Copy of Provisional Invoice Card
P5 - Copy of demand and disconnection notice dated 23.03.2002
III OPPOSITE PARTY'S WITNESS :
NIL
IV OPPOSITE PARTY'S DOCUMENTS :
D1 - Copy of the personal ledger.
D2 - Copy of additional bill based on reading from 12/91 to 05/00.
D3 - Copy of installment details of Rs. 14,084/-.
D4 - Copy of details of arrear calculation of spot bills from 07/00 to 07/01.
PRESIDENT
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