O R D E R<br /> <br /> Smt. C. Lathika Bhai (Member):<br /> <br /> The complainant Sri. Vijayan has filed this complaint against the 1st and 2nd opposite party for a relief from the Forum.<br /> <br /> The facts of this complaint reads as follows:- The complainant has availed an electric connection in connection with to his house construction with consumer No.9920. He was paying current charges at the rate of Rs.800 or below Rs.800 as per bimonthly bills regularly. While so the meter become faulty. The complainant informed opposite party that the meter was not functioning properly and on getting this complaint, the original meter was replaced by installing an electronic meter by the opposite parties. The complainant paid all the bills issued by the opposite parties. While so complainant came to know that the meter was running even during non-functioning of any electric equipments and he informed the matter to the opposite parties. After that, on 13.4.2005 opposite party issued a bill for paying an amount of Rs.7,270/- on the basis of the reading recorded in the faulty meter. The amount so claimed is not for the actual consumption of current, and the opposite party has no right to issue such a bill or recover any amount. On the basis of the application of the complainant, the disputed meter was sent to lab test by opposite party and opposite party informed the complainant that the meter is not faulty. The opposite party replaced a new meter instead of disputed meter and the reading shown in this meter normal as like that of the earlier meter. Therefore he is not liable to pay the amount as demanded by the opposite party and hence he filed this complaint for<br /> setting aside the bill dated 13.4.05 for Rs.7270/- issued by the opposite parties and for the mental agony suffered by him. He prays for allowing compensation together with cost of this proceedings. The complainant prays for granting a relief. <br /> <br /> 3. The 2nd opposite party has filed a common version for himself and for and on behalf of the 1st opposite party raising the following contentions:- That the electric connection is a permanent connection and all the provisions of the conditions of supply of Electrical Energy are applicable. The opposite parties admitted that the complainant has used to pay the regular bills issued by them. The total connected load of complainant’s electric connection was 1426 watts. On the complainant’s request, the mechanical meter was replaced by an electronic meter and it was tested in meter testing lab at Kottayam and found functioning correctly. That meter was again tested in Department of Electoral Inspectorate and also found no error in the functioning of the meter. Since the meter is correct and the demand based on the meter reading is also correct and the complainant is legally bound to pay the amount and the opposite parties canvassed for the dismissal of the complaint.<br /> <br /> 4. The points to be considered:<br /> (1)Whether the complaint is maintainable or not?<br /> (2)Whether the complainant is entitled to get any relief as sought <br /> for in the complaint?<br /> (3)Compensation and Cost?<br /> <br /> 5. The evidence in this case consists of oral evidence of complainant who has been examined as PW1 and Exts.A1 to A7 were markedon the basis of the proof affidavit. For opposite parties, there is no oral evidence. Exts.B1 and B2 were marked. After the closure of the evidence, both sides heard. <br /> <br /> 6. Point No. 1:- With regard to the maintainability the complainant is a consumer of the opposite parties and the matter in issue is a consumer dispute and hence complaint is maintainable before the Forum.<br /> <br /> 7. Points 2 to 3:- In order to substantiate the complainant’s case, the complainant has adduced oral evidence as PW1. He has deposed before the Forum that he is a consumer of the opposite party with consumer No.9920 and he was regularly paying the current charges. While so the earlier meter installed was replaced by electronic meter as the earlier meter found faulty. The meter was having some defects and hence this matter was intimated to the Board officials who replaced the faulty meter by installing another meter. After that opposite party issued a bill demanding a payment of Rs.7270/-. The bill dated 13.4.05 for Rs.7270/- under challenge produced has been marked as Ext.A1. PW1 has also produced the regular periodical bills issued by the opposite parties for marking in evidence. The current charge bill dated 15.4.04 for Rs.330/- produced is marked as Ext.A2, bill dated 15.6.04 for Rs.330/- produced is marked as Ext.A3. The bill dated 13.8.04 for Rs.443/- produced is marked as Ext.A4. The bill dated 13.10.04 for Rs.723/- is marked as Ext.A5. Bill dated 15.4.05 for Rs.618/- produced is marked as Ext.A6. The bill dated 14.6.05 for Rs.593/- produced is marked as Ext.A7. PW1 prays for setting aside the Ext.A1 bill issued by the opposite party as it is an illegal one and is prepared without any statutory requirement.<br /> <br /> 8. PW1 was also cross examined by the officer who is appearing for the opposite parties. During cross examination, PW1 stated that at the time of availing power supply, it was a temporary connection and after the completion of work it was converted as a permanent connection. The completion report signed by PW1 produced by the opposite party has been marked through PW1 as Ext.B1. The meter test report dated 14.6.05 from Electrical Inspectorate, Thiruvananthapuram produced by the opposite party has been marked through PW! as Ext.B2.<br /> <br /> 9. At the time of re-examination, PW1 stated that till now he is not a defaulter of current bills. The documents marked from the side of the complainant, Ext.A1 is the notice (bill) dated 13.4.05 issued by the opposite party for demanding Rs.7270/- as current charges due from the complainant. Ext.A2 to A7 are the periodical bills from 15.4.04 to 14.6.05 issued by the opposite parties as current charges. In all the bills the charges for the consumption of current is below Rs.800/-.<br /> <br /> 10. The documents marked from the side of the opposite parties, Ext.B1 is the Form III work completion report signed by the complainant. As per Ext.B1, total wattage of the complainant’s connection is 1426 watts. Ext.B2 is the meter testing report dated 14.6.05 from Electrical Inspectorate, Thiruvananthapuram.<br /> <br /> 11. The main dispute in this case arose on issuance of Ext.A1 bill, which contains a demand for Rs.7273/- towards the current charges from the complainant. According to the complainant, the Ext.A1 bill was issued on the basis of the reading recorded in the faulty meter and hence the opposite party has no right to issue such a bill or recover any amount from the complainant. After changing the disputed meter also the current bill was as usual. According to PW1, he is not consuming any excess energy as he is using energy only on day time and his average consumption charges are below Rs.800/- as evidence from Ext.A2 to A7. Ext.A1 bill is prepared without considering the actual consumption and is prepared on the basis of the reading in a faulty meter.<br /> <br /> 12. The opposite parties main contention is that the disputed electronic meter was tested in meter testing lab at Kottayam and found functioning correctly. Again on the request of the complainant, the meter was tested in Department of Electrical Inspectorate and found functioning correctly. According to the opposite parties, the meter was functioning correctly and the reading recorded is also correct. On the basis of the reading recorded, they had issued the Ext.A1 bill and it is genuine. There is no deficiency of service from their part and the complainant is legally bound to pay Ext.A1 bill amount.<br /> <br /> 13. On a perusal of Ext.A1 bill, the bill period of actual consumption or the rate etc. were not specified. Ext.A1 is not issued as per the provisions of electricity act and rules. From the side of opposite parties, there is no evidence to prove the genuineness of the bill. The opposite parties have to produce the meter reading register to prove the actual consumption. But they did not produce the register or reading recorded in the complainant’s meter to prove the consumption of the complainant. The entries seen in Ext.A1 is not in accordance. The burden to prove the consumption of current is up to the opposite party and opposite parties failed to prove the actual consumption From the provisions law and hence it is void. Therefore, the complaint is allowable in respect of ‘A’ prayer in this complaint. Since, the complainant had not remitted any amount.<br /> <br /> 14. Therefore, the prayer for as per Ext.A1, he had not suffered any loss. So we are not allowing any compensation. However due to the issuance of Ext.A1, the complainant is contravened to approach this Forum for which he is entitled to get cost. <br /> 15. In the result, this complaint is partly allowed, thereby Ext.A1 bill dated 13.4.2005 issued by the opposite party is hereby cancelled. The opposite parties are also directed to make necessary entries in the records to the effect that Ext.A1 bill has been set aside and also directed to pay an amount of Rs.1,000/- (Rupees Thousand only) as cost of the proceedings to the complainant within two months from the date of receipt of this order.<br /> <br /> Declared in the Open Forum on this the 15th day of July, 2008.<br /> <br /> C. Lathika Bhai,<br /> (Member)<br /> Sri. Jacob Stephen (President) :<br /> <br /> Sri. N. Premkumar(Member) :<br /> <br /> Appendix:<br /> Witness examined on the side of the complainant:<br /> PW1 : R. Vijayan<br /> Exhibits marked on the side of the complainant::<br /> <br /> A1 : Bill dated 13.4.2005 for Rs.7270/- issued by the opposite party to the<br /> complainant.<br /> A2 : Bill dated 15.4.2004 for Rs.330/- issued by the opposite party to the<br /> complainant.<br /> A3 : Bill dated 15.6.2004 for Rs.220/- issued by the opposite party to the<br /> complainant.<br /> A4 ; Bill dated 13.8.2004 for Rs.444/- issued by the opposite party to the<br /> complainant.<br /> A5 : Bill dated 13.10.2004 for Rs.723/- issued by the opposite party to the<br /> complainant.<br /> A6 : Bill dated 15.4.2005 for Rs.618/- issued by the opposite party to the<br /> complainant.<br /> A7 : Bill dated 14.6.2005 for Rs.593/- issued by the opposite party to the<br /> complainant.<br /> Witness examined on the side of the opposite parties: Nil.<br /> Exhibits marked on the side of the opposite parties:<br /> B1 : Photocopy of the installation completion report.<br /> B2 : Photocopy of the Test Report dated 14.6.2005 issued by the Department <br /> of Electrical Inspectorate, Thiruvananthapuram.<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />